NSW Caselaw
Industrial Relations Commission New South Wales Medium Neutral Citation: Jenkins v Secretary, Ministry of Health [2022] NSWIRComm 1013 Hearing dates: 24, 25, 26 March 2021; and 28, 29 April 2021 Date of orders: 11 March 2022 Decision date: 11 March 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 his position – reasonable attempts to find alternative employment – procedural fairness afforded – application dismissed Legislation Cited: Fair Work Act 2009 (Cth) Industrial Relations Act 1996 (NSW) ss 84, 88 Workers Compensation Act 1987 (NSW) ss 32A, 241, 248 Workplace Injury Management and Workers Compensation Act 1998 (NSW) s 49 Cases Cited: Bostik (Australia) Pty Ltd v Gorgevski (1992) 36 FCR 20 Byrne v Australian Airlines Ltd (1995) 185 CLR 410 Corrective Services NSW v Danwer [2013] NSWIRComm 61 Corrective Services NSW v Danwer [2013] NSWIRComm 61 Margaritte Joanne Colefax v Secretary, Department of Education (No. 3) [2019] NSWIRComm 1000 Riley v WorkCover Authority of New South Wales (2006) 151 IR 396 Category: Principal judgment Parties: Mr Kevin Wayne Jenkins (applicant)
Secretary of Health in respect of Nepean Blue Mountains Local Health District (respondent) Representation: Counsel: A Slevin (applicant)
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