Ceniza v Secretary, Ministry of Health in respect of NSW Health Pathology South [2022] NSWIRComm 1002

Industrial Relations Commission New South Wales Medium Neutral Citation: Ceniza v Secretary, Ministry of Health in respect of NSW Health Pathology South [2022] NSWIRComm 1002 Hearing dates: 17-18 March, 22 March and 15-16 April 2021; 10 June 2021 Date of orders: 16 February 2022 Decision date: 16 February 2022 Jurisdiction: Industrial Relations Commission Before: Commissioner Webster Decision: Application dismissed Catchwords: EMPLOYMENT AND INDUSTRIAL LAW – unfair dismissal application – injured worker – valid reason for dismissal – applicant unable to perform inherent requirements of her position – no evidence of suitable and available work - reasonable attempts to find alternative employment – procedural fairness afforded – application dismissed Legislation Cited: Industrial Relations Act 1996 (NSW), ss 84, 89 Workers Compensation Act 1987 (NSW) s 32A Workplace Injury Management and Workers' Compensation Act 1998 (NSW) s 49 Cases Cited: Ceniza v Secretary, Ministry of Health in respect of NSW Health Pathology South [2021] NSWIRComm 1048 Commonwealth Steel Company Limited v Ward (unreported, Matter No IRC 3144 of 1993) Corrective Services NSW v Danwer [2013] NSWIRComm 61 Effem Foods Pty Limited t/as Uncle Ben's of Australia v Urban (1998) 81 IR 341 IGA Distribution Pty Limited v Moses (No. 2)(2002) 114 IR 307 Newcastle City Council v Bevan (2001) 120 IR 121 Riley v WorkCover Authority of New South Wales (2006) 151 IR 396 Smith v Moore Paragon Australia Ltd (2004) 130 IR 446 Vernon v State Transit Authority [2014] NSWIRComm 1014 Western Suburbs District Ambulance Committee v Tipping [1957] AR (NSW) 273 Category: Principal judgment Parties: Evangeline Ceniza (applicant) Secretary, Ministry of Health in respect of NSW Health Pathology South (respondent) Representation: Ms J Amin, Health Services Union (applicant) Mr A Battagello, Lander & Rogers (respondent) File Number(s): 2020/00280739 Publication restriction: Nil