Australian Liquor, Hospitality & Miscellaneous Workers Union, NSW Branch (o/b K Lowe) v George Weston Foods Ltd t/as Tip Top Bakeries [2001] NSWIRComm 327

Industrial Relations Commission of New South Wales

CITATION : Australian Liquor, Hospitality & Miscellaneous Workers Union, NSW Branch (o/b K Lowe) v George Weston Foods Ltd t/as Tip Top Bakeries [2001] NSWIRComm 327 PARTIES : Australian Liquor, Hospitality & Miscellaneous Workers Union, NSW Branch (o/b K Lowe) George Weston Foods Ltd t/as Tip Top Bakeries FILE NUMBER: IRC 4279 of 2001 CORAM: Harrison DP Application for relief from threat of dismissal - termination of employment threatened due to frustration by non compensible injury - risk of further injury - obligations pursuant to s15 of OH&S Act - s19 OH&S Act duty of employee to cooperate - s47 OH&S Act permanently disabled for employment of a particular type - various medical opinions. CATCHWORDS : Held - no failure to cooperate by employee - not excluded by s47 OH&S Act - prognosis of future potential injury limited - not precluded by s15 OH&S Act - access to rehabilitation program - discrimination on grounds of physical disability - no discrimination held - weight of medical opinion employee fit for work - order to refrain from threat of dismissal Anti-Discrimination Act 1977 LEGISLATION CITED : Industrial Relations Act 1996 Occupational Health and Safety Act 1983 Workplace Injury Management and Workers Compensation Act 1998 Workcover Authority of NSW (Insp. Mansell) v Air Express International (Australia) Pty Ltd 1998 83 IR 64 Wells v Commissioner of Police [2000] NSWIRComm 157 CASES CITED : Byrne v Australian Airlines Ltd (1995) 185 CLR 410 Construction, Forestry, Mining and Energy Union o/b Kennedy v Cumnock No 1 Colliery Pty Ltd Print No901496 Silaphet v South Western Area Health Service [1998] NSWIRComm 122 Commonwealth Steel Co Ltd v Ward (FIRC, Hill, Hungerford JJ Shiels CC, IRC3144 of 1993, 16/12/94, unreported) HEARING DATES: 09/04/2001 DATE OF JUDGMENT: 12/07/2001