Yatras and another v Moraitis Administration (NSW) Pty Ltd and others [2004] NSWIRComm 391

Yatras and another v Moraitis Administration (NSW) Pty Ltd and others [2004] NSWIRComm 391

Section 108B of the Industrial Relations Act 1996, introduced in 2002, operates with imperative language to prevent applications for relief under s 106 being made more than 12 months after contract termination, and the Commission has no jurisdiction to extend time or accept late applications. The applicants' summons, filed outside this period, is dismissed.

Jurisdiction
Australia
Judgment Date
16 December 2004
Procedural Posture
Interlocutory Application / Motion to Dismiss Summons
Outcome
summons for relief dismissed
Legal Topics
['unfair Contract' 'statutory Interpretation' 'time Limitation for Applications']
['industrial Relations' 'employment Law'] ['unfair Contract' 'statutory Interpretation' 'time Limitation for Applications']

Case Brief

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Procedural Posture

Interlocutory Application / Motion to Dismiss Summons

Legal Issues

  1. 1 ['whether s 108B of the Industrial Relations Act 1996 precludes application for relief if filed more than 12 months after contract termination' 'whether the Commission has jurisdiction to extend time or accept a late application under s 108B' 'retrospective operation of statutory amendment affecting accrued rights']

Ratio Decidendi

Section 108B of the Industrial Relations Act 1996, introduced in 2002, operates with imperative language to prevent applications for relief under s 106 being made more than 12 months after contract termination, and the Commission has no jurisdiction to extend time or accept late applications. The applicants' summons, filed outside this period, is dismissed.

Court Disposition

summons for relief dismissed

Orders

  • ['The summons for relief filed by the applicants on 19 December 2003 is dismissed.' 'Costs are reserved.' 'Liberty to apply as to costs.']