1996—No. 450 (NSW)
1996—No. 450
CORRECTION NOTICE
INDUSTRIAL RELATIONS COMMISSION RULES 1996
NEW SOUTH WALES
[Published in Gazette No. 102 of 6 September 1996]
Part of Schedule 3 of the Industrial Relations Commission Rules
published in the Government Gazette on 30 August 1996 (page 5960) was published in error. Forms 8 to 10 (pages 6022 to 6034) were affected. The correct forms are as set out below:
G K Robertson
Industrial Registrar.
1996—No. 450
Form 8
Claim by Individual for Relief from Alleged Unfair Dismissal Under Section 84
(INDIVIDUAL)
BEFORE THE INDUSTRIAL RELATIONS COMMISSION
OF NEW SOUTH WALES
| No. IRC | of 1996 |
A1a] YOUR NAME
| ................................... | Surname (last) name: |
| .................................... |
Applicant
Given names:
Date of Birth / / l9
....................................
A1b] YOUR ADDRRESS
....................................
Respondent
Postcode Telephone ( )
A2a] EMPLOYER’S NAME
APPLICATION
(By Individual)
For
Relief From Alleged
Unfair Dismissal
A2b] EMPLOYER’S ADDRESS (Registered office)
Postcode
A2c] WORKPLACE ADDRESS
(that is, where you actually work or worked, if different to above)
Filed by
Contact name
Postcode Telephone ( )
Address
A2d] Nature of employer’s business?
Telephone
(Daytime contact
number)
B. ABOUT THE DISMISSAL OR THREATENED DISMISSAL
Facsimile
B1] Have you already been dismissed? Yes No B2] Effective Date of dismissal or threatened / /19 dismissal
B3] Were you given reasons for dismissal Yes No or threatened dismissal?
NOTE: You must attach the information required by Part F
1996—No. 450
Form 8 continued
C. ABOUT YOUR WORK
Cl] When did you commence work for this employer? / /19 C2] What NSW industrial award or registered agreement do you/did you work under?
Award/Agreement
None, but: Public Sector Employee Annual Remuneration: $ ......... C3] What is/was your award or agreement classification?
C4] What is/was your actual occupation
(if different to C2 above)?
C5] What was your average weekly rate of pay over the $ per week six months prior to the date of dimissal/threatened
dismissal?C6] Were you employed: Full time Part time Casual as an adult as a junior employee
employee
C7] Are you a member of an industrial union registered in No (Go to Part D) New South Wales? Yes Name of union: C8] Is the union representing you? Yes No
D. ABOUT YOUR CLAIMS AND ABOUT POSSIBLE COMPENSATION
D1] Have you asked your Yes No employer to reinstate you? (Go to Question D2) (Go to Question D3) D2] Date of request(s) / /19 D3] Will you be asking for (a) that a threatened (b) for reinstatement or orders: dismissal should not take re-employment? place (See Question D4) 1996—No. 450
Form 8 continued
If you have been dismissed, but the Member of the Industrial Relations Commission hearing your claim considers that it would be impracticable to reinstate you or to order your re-employment, you MAY be eligible to seek compensation. Section 89 of the Industrial Relations Act limits this to “an amount of compensation not exceeding the amount of remuneration of the applicant during the period of 6 months immediately before being dismissed”.
| D4] If the Commission considers that it would not be Yes No practicable for you to return to your former employment, |
| will you be seeking compensation from your former | (see Note) |
| employer? | |
| NOTE: |
(1) If you answered Yes to this last question, you should attach a separate sheet setting out, as best you can, the amount of compensation (limited as above) you would be seeking and the way in which you have calculated that amount. You should also set out the reasons why you think you should be awarded compensation.
E. LATE CLAIMS:
| El] Have more than 21 days passed since you were dismissed, Or Yes No will it be more than 21 days since you were dismissed by the time this form reaches the Industrial Registry? |
NOTE: If you answered Yes to this last question, you should attach a separate sheet setting out:
1: The reasons why you were late in asking for relief from unfair
dismissal
2: If an application for reinstatement has previously been made under Commonwealth law, when that application was made and what has happened to that application (particularly, whether that application has been settled or determined, and whether the application has been withdrawn or whether it has been declined because of the existence of an alternative remedy under State law)
3: Details of any hardship that would be caused to you if this
application were rejected
4: Any conduct by the employer that you think should be taken into
account
5: Any other matters you think should be taken into account.
1996—No. 450
Form 8 continued
F. WHAT YOU MUST ATTACH:
1. A statement of the circumstances of your dismissal, setting out asbest you can remember:
(i) What was said when you were dismissed (or threatened with being dismissed)
and
(ii) any reasons given for your dismissal either on the day of the dismissal or at any other time.
and
2. If reasons for your dismissal were given in writing, a copy of those written reasons.
and
3. A statement setting out:
(i) all the grounds on which you say the dismissal is (or the threatened dismissal would be) harsh, unreasonable or unjust.
(ii) a brief explanation of the above grounds.
and
4. If you answered “Yes” to questions D4 (compensation) or E l (late application), the Statements required by those parts.
NOTE: An application must comply with the above requirements in order to be filed
G . WHERE YOU CAN BE CONTACTED:
(1) WHERE DOCUMENTS CAN BE SERVED ON YOU:You will need to supply an address where documents and telephone advice about the hearing can easily reach you. If you have a solicitor acting for you, or a union is representing you, that address can be the address of the solicitor or the union. Set out the address below.
Address
Postcode Telephone ( ) 1996—No. 450
Form 8 continued
(2) WHERE YOU CAN BE REACHED BY TELEPHONE:
| Daytime Telephone Number where you may be contacted: ( | ) |
Note: The Industrial Registry has trained officers available to help applicants (especially those not represented by a solicitor, agent or organisation) in completing the form and ensuring that the information is sufficient. For applicants filing in person, this will be done when you attend the Registry to lodge your application. If you are outside the metropolitan area, or for any other reason you cannot attend the Registry to file your application, this advice will be given over the telephone. For this reason, if you are not intending to lodge the documents in person, please give a daytime telephone contact number where you may be reached. Failure to provide this may mean that if there are any problems with your documents they will have to be returned by post, which may result in your application being out of time. If this occurs, you will need to also lodge the Statement required by Part E.
H. WHAT YOU MUST DO
1. Complete this form (typing or printing clearly in ink), making sure that all questions are answered.
2. Attach the documents required by Part F
3. Consider whether you should complete the Form called “Undertaking Not to Proceed With Other Remedies Relating to Dismissal” which should be attached to this Form. THIS IS IMPORTANT AND YOU SHOULD READ THE INFORMATION
ATTACHED TO THAT FORM.
4. Complete the following Affidavit. You will require the services of a Justice of the Peace. Both you and the Justice of the Peace should sign each page of this form and each page of any documents you are including.
1996—No. 450
Form 8 continued
AFFIDAVIT
On .........................................................................................................................
Date
I, ............................................................................................................................
Full Name
of ..........................................................................................................................
Full Address
say on oath that:
1. I am the applicant for relief from an unfair, unreasonable or unjust dismissal.
2. The information given by me in this application and in the attached
best of my knowledge and belief. true in every detail.pages is, to the * — insert number of pages of documents attached.
SWORN at
.......................................... .......................................... (City, Suburb etc) (Your Signature)
Before Me:
.
........................................................... (Signature of Justice of the Peace)
Justice of the Peace
Printed Name of Justice: ............................................................................
Note: Each page of this application and of all the attachments must be signed and witnessed
5. Lodge this form and all attachments (plus four copies) at the Ground Floor Counter at the Office of the Industrial Registrar, 50 Phillip Street Sydney. You must do this within 21 days of your dismissal.
6. You will be given two copies of this form back-one copy for you to keep and one copy which you MUST give to your employer/former employer (personally or by post) as soon as possible.
7. You and the employer will be told later by the Industrial Registry of the time and the place where this matter will be heard. (If you settle the matter or wish to withdraw it before this happens you must notify the Industrial Registry in writing)
1996—No. 450
Form 8 continued
8. YOU MUST SERVE A COPY OF THIS FORM AND ALL ATTACHMENTS ON YOUR EMPLOYER OR FORMER EMPLOYER AS SOON AS POSSIBLE AFTER FILING THIS FORM AT THE REGISTRY
TO THE RESPONDENT(S):
(name the employer or former employer)
...................................................................................................
IMPORTANT NOTICE:
(1) You are required, under the Rules of the Industrial Relations Commission, to file a notice of appearance at the Industrial Registry, 50 Phillip Street Sydney, within 7 days of service of this notice (or as the case may be) on you.
(2) If you do not enter an appearance, or if there is no attendance by you or your counsel, solicitor or agent at the time and place specified in this notice or as notified to you subsequently, the proceedings may be heard in your absence and an order may be made against you.
(3) The parties will be advised if the date time or place is altered. Any enquiries should be made to the Industrial Relations Commission Registry, telephone (number)
PLEASE DO NOT DETACH THIS PAGE
| Filed: .......................................... | 19 |
Signature: .........................................
for
Industrial Registrar
1996—No. 450
Form 9
CIaim for Relief from Alleged Unfair Dismissal Under Section 84
(REGISTERED ORGANISATION)
BEFORE THE INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES
No. IRC of 1996 A. Name of Organisation:
(Add Title as required (State full registered name)
by Schedule 1) B. seeks: (State either an order that the employee not be dismissed, if dismissal has not yet taken place, or relief from unfair dismissal. if dismissal has taken place. If the application is on behalf of a group of employees, some of whom full into both categories, attach a Schedule distinguishing the two groups)
C. on behalf of the employee(s) set our below (or, in the attached Schedule
marked “ ”) (Give Full name, address, telephone number and date of birth) APPLICATION
(By Organisation) D. who were threatened with *dismissal/*dismissed on (date) For E. The employer *is/*was:
Relief From Alleged
Unfair Dismissal (Give Full name and registered address)
F. The workplace address *is/*was:
(Give address where work way carried our)G. The nature of the employers business is: (Give a description of the industry)
H. The Organisation will rely on the particulars in the attached Statement of Particulars (The particulars listed below. MUST be included or the application may not
be accepted for filing)Add I only where appropriate
Filed by (Name of I. An application under section 380 for an order against the employer in respect person, corporation organisation or other of a small claim will be made during the hearing. body filing the document) (Rule 20 requires particulars to be given and served in Form 5. These particulars could instead be added to the Statement of Particulars.)
Contact name (Name of J. The Contact Officer for the Organisation making this application is: person conducting the (State Name and contact derails. including daytime and out-of-hours matter) telephone number) Address K. Address for service is: Telephone (This should be the registered office of the organisation or the address Facsimile of its solicitor.) DX (signature)
(and if solicitors or (Capacity in which signed, eg. union secretary agents are acting. add) solicitor for union, etc). by their agents Filed (dated, if not filed ): (date) 19 Name * delete as appropriate Address
Telephone
Facsimile
DXTO THE RESPONDENT(S):
(name the employer or former employer)
1996—No. 450
Form 9 continued
IMPORTANT NOTICE:
(1) You are required, under the Rules of the Industrial Relations Commission, to file a notice of appearance at the Industrial Registry, 50 Phillip Street Sydney, within 7 days of service of this notice (or as the case may be) on you.
(2) If you do not enter an appearance, or if there is no attendance by you or your counsel, solicitor or agent at the time and place specified in this notice or as notified to you subsequently, the proceedings may be heard in your absence and an order may be made against you.
(3) The parties will be advised if the date time or place is altered. Any enquiries should be made to the Industrial Relations Commission Registry, telephone (number)
STATEMENT OF PARTICULARS
You MUST include the following particulars in the application. Where numbers of employees are involved, it may be more convenient to give the particulars in the form of Schedules)
Part 1: About the Work
(1) Bate individual commenced employment?
(2) What NSW industrial award or registered agreement is/was applicable?
(3) If not covered by an award or agreement,
(i) whether the applicant is a public sector employee, or
(ii) what is the applicant’s annual remuneration?
(4) The correct award or agreement classification (if applicable)?
(5) The actual occupation (if different to (3))?
(6) The average weekly rate of pay over the six months prior to dismissal?
(7) Was employment full time, part-time, or casual?
(8) Was the individual an adult or junior?
1996—No. 450
Form 9 continued
Part 2: About the Dismissal
(1) Were reasons given for the dismissal or threat of dismissal?
(Set out the reasons given. If given in writing, add, A copy of the reasons is attached marked “
”)
(2) The circumstances of the dismissal or threatened dismissal?
1. (set out, in numbered paragraphs. the circumstances of the dismissal. including what was said at the time and any background information which will assist in understanding the dismissal
2.
Part 3: About Grounds for Relief
(1) The grounds on which it is contended that the dismissal or threatened dismissal is unfair?
1. (set out, in numbered paragraphs. the grounds on which it is alleged the dismissal is harsh.
unreasonable or unjust and the matters, etc. on which reliance will be placed
2.
Part 4: About the Orders sought
(1) What orders are you seeking?
(State the orders sought)(2) If the Commission considers that it would not be practicable for the
individual to be reinstated will compensation be sought?
(If Yes, set out (i) the amount of compensation that will be sought, (ii) how that amount was calculated and (iii) briefly but specifically the grounds on which compensation will be sought)
Part 5: If This Application Is Late
If more than 21 days passed since the dismissed, or, it will be more than 21 days since the dismissal by the time this application is filed (1) The reasons why you were late in asking for relief from unfair dismissal
(2) If an application for reinstatement has previously been made under Commonwealth law, when that application was made and what has happened to that application (particularly, whether that application has been settled or determined, and whether the application has been withdrawn or whether it has been declined because of the existence of an alternative remedy under State law)
(3) Details of any hardship that would be caused to the individual if this application were rejected(4) Any conduct by the employer that should be taken into account
(5) Any other matters that should be taken into account.
1996—No. 450
Form 9 continued
Part 6: If there is more than one remedy
Consider whether the employee should complete the Form called “Undertaking Not to Proceed With Other Remedies Relating to Dismissal”, which should be attached to this Form. If necessary, file that form with this application
Part 7: Small Claims
(If appropriate, the particulars of any small claim under section 379 (in
the form required by Rule 20 and Form 5) can be added here)
Form 10
Claim for Relief from Alleged Unfair Dismissal Under Section 84
(INDIVIDUAL. REPRESENTED BY SOLICITOR OR AGENT)
BEFORE THE INDUSTRIAL RELATIONS COMMISSION
OF NEW SOUTH WALES
No. IRC o f 1996 A. Name of Applicant:
(Add Title as required (Give Full name. address. telephone number and date of birth)
by Schedule 1) B. seeks: (State either an order that I nor be dismissed, if dismissal has nor vet taken
place, or relief from unfair dismissal. if dismissal has taken place.)C. I was threatened with *dismissal/*dismissed on (date) D. The employer *is/*was: (Give Full name and registered address) APPLICATION
(By Represented E. The workplace address *is/*was: Individual) (Give address where work war carried out) For
Relief From Alleged F. The nature of the employers business is:
Unfair Dismissal (Give a description of the industry)
G. I will rely on the particulars in the attached Statement of Particulars. (The particulars listed below MUST he included or the application may not
he accepted for filing)Add H only where appropriate
H.
An application under section 380 for an order against the employer in respect of a small claim will be made during the hearing.
(Rule 20 requires particulars to be given and served in Form 5. These
particulars could instead be added to the Statement of Particulars.)I. The Solicitor o r Agent acting for me is:
Filed by (Name of
person, corporation, (State Name and contact details) organisation or other J. Address for service is: body filing the document)
(The address of the solicitor. etc.)
Contact name (Name of (signature) person conducting the (Capacity in which signed, eg. solicitor, etc). matter) Filed (dated, i f not filed): (date) 19 Address Telephone * delete as appropriate Facsimile
DX(and if solicitors or
agents are acting add)
by their agentsName
Address
Telephone
Facsimile
DXTO THE RESPONDENT(S):
(name the employer or former employer)
1996—No. 450
Form 10 continued
IMPORTANT NOTICE:
(1) You are required, under the Rules of the Industrial Relations Commission, to file a notice of appearance at the Industrial Registry, 50 Phillip Street Sydney, within 7 days of service of this notice (or as the case may be) on you.
(2) If you do not enter an appearance, or if there is no attendance by you or your counsel, solicitor or agent at the time and place specified in this notice or as notified to you subsequently, the proceedings may be heard in your absence and an order may be -made against you.
(3) The parties will be advised if the date time or place is altered. Any enquiries should be made to the Industrial Relations Commission Registry, telephone (number)
STATEMENT OF PARTICULARS
You MUST include the following particulars in the application. Where numbers of employees are involved, it may be more convenient to give the particulars in the form of Schedules)
Part 1: About the Work
( 1) Date individual commenced employment?
(2) What NSW industrial award or registered agreement is/was applicable?
(3) If not covered by an award or agreement,
(i) whether the applicant is a public sector employee, or
(ii) what is the applicant’s annual remuneration?
(4) The correct award or agreement classification (if applicable)?
(5) The actual occupation (if different to (3))?
(6) The average weekly rate of pay over the six months prior to dismissal?
(7) Was employment full time, part-time, or casual?
(8) Was the individual an adult or junior?
1996—No. 450
Form 10 continued
Part 2: About the Dismissal
(1) Were reasons given for the dismissal or threat of dismissal?
(Set out the reasons given. If given in writing, add, A copy of the
reasons is attached marked “ ”)
(2) The circumstances of the dismissal or threatened dismissal?
1. (set our. in numbered paragraphs. the circumstances of the dismissal, including what was said at
the time and any background information which will assist in understanding the dismissal
2.
Part 3: About Grounds for Relief
(1) The grounds on which it is contended that the dismissal or
threatened dismissal is unfair?
1. (set out, in numbered paragraphs. the grounds on which it is alleged the dismissal is harsh. unreasonable or unjust and the matters. etc. on which reliance will be placed
2.
Part 4: About the Orders sought
(1) What orders are you seeking?
(State the orders sought)(2) If the Commission considers that it would not be practicable for the
applicant to be reinstated will compensation be sought?
(If Yes, set out (i) the amount of compensation that will be sought, (ii) how that amount was calculated and (iii) briefly but specifically the grounds on which compensation will be sought)
Part 5: If This Application Is Late
If more than 21 days passed since the dismissed, or, it will be more than21 days since the dismissal by the time this application is filed
(l) The reasons why you were late in asking for relief from unfair
dismissal
(2) If an application for reinstatement has previously been made under Commonwealth law, when that application was made and what has happened to that application (particularly, whether that application has been settled or determined, and whether the application has been withdrawn or whether it has been declined because of the existence of an alternative remedy under State law)
(3) Details of any hardship that would be caused to the applicant if this application were rejected
(4) Any conduct by the employer that should be taken into account (5) Any other matters that should be taken into account.
1996—No. 450
Form 10 continued
Part 6: If there is more than one remedy
Consider whether the applicant should complete the Form called “Undertaking Not to Proceed With Other Remedies Relating to Dismissal”, which should be attached to this Form. If necessary, file that
form with this application
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