Riley and WorkCover [2005] NSWIRComm 1025

Industrial Relations Commission of New South Wales

CITATION: Riley and WorkCover [2005] NSWIRComm 1025

APPLICANT: Public Service Association and Professional Officers' Association Amalgamated Union of New South Wales on behalf of Mr.P. Riley PARTIES: RESPONDENT : WorkCover NSW

FILE NUMBER(S): 5317 and 6979 of 2003

CORAM: Ritchie C

unfair dismissal termination of employment applicant's job moved to Sydney applicant objected to transfer on medical grounds applicant believed transfer to Sydney not necessary parties conferred over long period medical retirement dispute over procedure,employee not given opportunity to respond claim that respondent manipulated the medical process claim by respondent that applicant not fit to carry out the role of Inspector or Regional Inspector. Found that transfer of job to Sydney appropriate Found that applicant had been given opportunity to respond found that respondent had not manipulated the medical process CATCHWORDS: no negative finding made against applicant's character Found that the medical termination not harsh , unjust or unreasonable.

Application for reinstatement of an injured employee

Applicant medically retired re Workers Compensation claim. Applicant sought former position back or alternative position. medical evidence did not support full time working in Sydney previous position now located in Sydney,unfair on respondent to return job to Gosford.