Cox v Bimrose Lubricants [2006] QIRC 69 (2006) 182 QGIG 93

[Extract from Queensland Government Industrial Gazette, dated 19 May, 2006, Vol. 182, No .3, page 93] QUEENSLAND INDUSTRIAL RELATIONS COMMISSION Industrial Relations Act 1999 - s. 74 - application for reinstatement Suzanne Margaret Cox AND Bimrose Lubricants (TD/2006/70) COMMISSIONER BECHLY 10 May 2006 DECISION Ms Suzanne Margaret Cox has filed an application for reinstatement with her employer, Bimrose Lubricants. She was first employed on 4 October 2005 and dismissed on 9 December 2005 within the first three months' employment. The application was rejected by the Registrar in accordance with s. 74(4) and the Applicant and Respondent so advised. Ms Cox did not exercise her right under s. 74(6) to ask that the application be allowed to continue. Subsequent to that advice being provided by the Registrar, Ms Cox did seek that the matter proceed apparently advising that her requests to do so had been mislaid. The principal jurisdictional issue raised in the matter is that Ms Cox's employment came to an end in the first three months of employment. The jurisdiction of the Commission to deal with the matter is dependent upon Ms Cox establishing that her termination was for an invalid reason. Ms Cox was taken to each description of an invalid reason detailed in s. 74(2). She acknowledged that none of these reasons applied to her termination. The Application is therefore dismissed for want of jurisdiction. The Applicant was so informed at the date of hearing of the matter on 28 April 2006. R.E. BECHLY, Commissioner. Hearing Details: 2006 24, 28 April Released: 10 May 2006 Appearances: Ms S. Cox on her own behalf. Mr A. Grant of Grant and Simpson Lawyers on behalf of the Respondent. Government Printer, Queensland The State of Queensland 2006. -- 1 of 1 --