Ambulance Service of New South Wales and Health Services Union on behalf of Julie Ayoub [2004] NSWIRComm 299

Industrial Relations Commission of New South Wales

CITATION : Ambulance Service of New South Wales and Health Services Union on behalf of Julie Ayoub [2004] NSWIRComm 299 APPELLANT: Ambulance Service of New South Wales PARTIES : RESPONDENT: Health Services Union on behalf of Julie Ayoub FILE NUMBER: IRC 103 of 2004 CORAM: Wright J President; Walton J Vice-President; Ritchie C CATCHWORDS : Appeal - leave to appeal - employee suffering work related injury - rehabilitation - employee unable to perform full range of duties - lifting restrictions - employee working in light duties position during rehabilitation - application for substantive position unsuccessful - alternative employment obtained - threatened dismissal - application for relief under s84 - order made not to dismiss - recommendation made that employee be offered substantive position - industrial dispute regarding refusal to comply with recommendation - order made - ambiguity on face of the order - errors of law - decision fails to address issues surrounding disimssal of injured worker - leave to appeal granted - appeal upheld - matter remitted for rehearing of s84 application and industrial dispute. LEGISLATION CITED : Anti-Discrimination Act 1977 Industrial Relations Act 1996 Health Services Union (on behalf of Julie Ayoub) and Ambulance Service of New South Wales (Unreported, IRC 5252 of 2003, McKenna C, 19 December 2003) CASES CITED : IGA Distribution Pty Limited and Moses (No 2) [2002] NSWIRComm 96 M Moses & IGA Distribution Pty Limited [2001] NSWIRComm 1053 HEARING DATES: 07/26/2004 DATE OF JUDGMENT: 10/15/2004