T11432
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TASMANIAN INDUSTRIAL COMMISSION Industrial Relations Act 1984 Stephen John Streets and Murtrans Pty Ltd
Industrial dispute - alleged unfair termination of employment - application lodged out of time - application for extension of time dismissed - alleged breach of award - application withdrawn REASONS FOR DECISION [1] On 5 April 2004, Stephen John Streets (the applicant) applied to the President, pursuant to Section 29(1A) of the Industrial Relations Act 1984, for a hearing before a Commissioner in respect of an industrial dispute with Murtrans Pty Ltd arising out of the alleged unfair termination of his employment and an alleged breach of an award or registered agreement. [2] The matter was set down for hearing (conciliation conference) on 28 April 2004. Appearances: Mr S Streets representing himself. Mr T Brady, of the Tasmanian Chamber of Commerce and Industry Limited, with Ms R Holmes, for Murtrans Pty Ltd. [3] Mr Brady contended that the application, insofar as it relates to an alleged unfair termination, should be dismissed in that it was lodged some 15 days "out of time". [4] Mr Streets' explanation for the late lodgement was that he was unaware of the 21-day limit specified in s.29[1B] of the Act. Further, he was not represented and the requirement had not been specifically drawn to his attention prior to the expiration of the time limit. [5] I do have some sympathy for the position Mr Streets found himself in. Nonetheless, absent other factors, I was unable to conclude that lack of awareness of the law amounts to "exceptional circumstances" which would justify an extension of time. Accordingly that part of the application was dismissed. [6] Mr Streets advised that he did not wish to proceed with that part of his application going to certain alleged award breaches. [7] Pursuant to Section 21[2][c] I refrain from further hearing the application and the file is closed.
Tim Abey Appearances: Date and Place of hearing: |