Potter v Industrial Relations Secretary in respect of the Department of Regional New South Wales (No 2) [2023] NSWIRComm 1026

Industrial Relations Commission New South Wales Medium Neutral Citation: Potter v Industrial Relations Secretary in respect of the Department of Regional New South Wales (No 2) [2023] NSWIRComm 1026 Hearing dates: 9 March 2023 Date of orders: 4 April 2023 Decision date: 04 April 2023 Jurisdiction: Industrial Relations Commission Before: Chief Commissioner Constant, Commissioner Sloan and Commissioner Muir Decision: 1. Leave to appeal is granted in respect of ground 1 of the appeal and is otherwise refused. 2. The appeal is dismissed. Catchwords: EMPLOYMENT AND INDUSTRIAL LAW – Industrial Relations Commission – Appeals – Leave to appeal – Substantial issues of principle or law – Wider implications for the Commission's jurisprudence WORKERS COMPENSATION – Protection of injured workers – Reinstatement of worker – Discretion of Commission if worker is fit to return to work Legislation Cited: Government Sector Employment Act 2013 s 47 Industrial Relations Act 1996 Ch 2 Pt 6, ss 88, 188 Workers Compensation Act 1987 Ch 8, s 243 Workplace Injury Management and Workers Compensations Act 1998 Cases Cited: Leticia Casino v South Western Sydney Area Health Service (1999) 130 IR 1; [1999] NSWIRComm 355 Davidson v Commissioner of Police (No 3) [2022] NSWIRComm 1102 Minister for Aboriginal Affairs v Peko-Wallsend Ltd (1986) 162 CLR 24 Potter v Industrial Relations Secretary in respect of the Department of Regional New South Wales [2022] NSWIRComm 1077 Public Service Association and Professional Officers Association Amalgamated Union of New South Wales v Roads and Maritime Services (2015) 250 IR 412; [2015] NSWIRComm 16 Category: Principal judgment Parties: Louise Potter (Appellant) Industrial Relations Secretary (Respondent) Representation: Counsel: Ms L Doust (Appellant) Mr S Meehan (Respondent)