NSW Caselaw
Industrial Relations Commission of New South Wales
CITATION : DYET & LAKE MACQURIE CITY COUNCIL [2000] NSWIRComm 140 revised - 02/08/2000 PARTIES : Federated Municipal and shire Council Employees' Union of Australia, NSW Division Lake Macquarie City Council FILE NUMBER: IRC 345 of 2000 CORAM: Harrison DP Reinstatement of injured employee - jurisdiction - estoppel - medical referee - exercise of discretion - refusal to refer - nature of employment at time of termination distinct from rate of pay CATCHWORDS : Jurisdiction held - application sought no higher rate of pay Application refused on merit - lack of medical evidence of fitness for actual work - Held - application estopped by conduct - pursuit of own termination Annual Holidays Act 1944 LEGISLATION CITED : Industrial Relations Act 1996 Occupational Health and Safety Act 1983 Payne v Howison (FIRC CICS 26/9/97 unreported) Waltons Stores (Interstate) Ltd v Maher 164 CLR387 CASES CITED : Cwth of Australia v Verwayen 170 CLR 394 Stone Microsystems (Aust) P/L and anor v Kwong and anor 85 IR 237 Horsman v Cmnr of Main Roads 89 IR 343 HEARING DATES: 06/28/2000 DATE OF JUDGMENT: 08/04/2000
Mr Noel Martin Federated Municipal and Shire Council Employees' Union of Australia, NSW Division LEGAL REPRESENTATIVES: Mr J Pearce of Counsel with Mr P Collins Lake Macquarie City Council
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