Betts v Health Secretary in respect of Health Share [2023] NSWIRComm 1054

Industrial Relations Commission New South Wales Medium Neutral Citation: Betts v Health Secretary in respect of Health Share [2023] NSWIRComm 1054 Hearing dates: 24, 25, 27 October 2022 Date of orders: 9 June 2023 Decision date: 09 June 2023 Jurisdiction: Industrial Relations Commission Before: Commissioner Muir Decision: 1. Pursuant to s 243 of the Workers Compensation Act 1987, the respondent is ordered to reinstate the applicant to the position of Quality Assurance Business Partner with Health Share, no later than 3 July 2023. 2. The Commission declines to make an order pursuant to a 243(4) of the Workers Compensation Act 1987. Catchwords: WORKERS COMPENSATION — Protection of injured workers — Reinstatement of worker — No reinstatement unless worker fit for that kind of employment – Discretion of Commission if worker is fit to return to work Legislation Cited: Workers Compensation Act 1987, ss 241, 242, 243 Cases Cited: Cansino v South Western Sydney Area Health Service [1999] NSWIRComm 355 Fire Brigade Employees' Union of New South Wales v Fire and Rescue NSW [2022] NSWIRComm 1056 Glenn Robson v GWA Group Limited [2015] NSWIRComm 9 Potter v Industrial Relations Secretary in respect of the Department of Regional New South Wales (No 2) [2023] NSWIRComm 1026 Robinson v Commissioner of Police [2014] NSWIRComm 35 Ronald MacDonald v Jetstar Airways Pty Ltd [2019] NSWIRComm 1010 New South Wales Nurses and Midwives Association (on behalf of Jennifer Cox) v Manchester Unity Australia Limited [2015] NSWIRComm Category: Principal judgment Parties: Rebecca Betts (Applicant) Health Secretary in respect of Health Share (Respondent) Representation: Mr J Mattson (Solicitor) for the Respondent