Ayoub v Ambulance Health Service New South Wales [2005] NSWIRComm 1116

Industrial Relations Commission of New South Wales

CITATION: Ayoub v Ambulance Health Service New South Wales [2005] NSWIRComm 1116

APPLICANT; Julie Ayoub PARTIES: RESPONDENT; Ambulance Service of New South Wales

FILE NUMBER(S): 5252 of 2003

CORAM: Ritchie C

Applicant injuried at work unable to carry out normal duties. Applicant worked restricted duties in the training centre for extended period. Applicant asked to show reason why she should not be terminated. Applicant filed for threatened dismissal. Decision by McKenna C. prevented threatened dismissal and should return to previous training role. Respondent appealed, Full Bench upheld appeal and a re-hearing ordered. CATCHWORDS: Applicant because of medical restrictions can not carry out all the duties of an Technical Education Officer. Applicant sought to be employed as a Technical Educator with current restrictions. Applicant claim that her restrictions only prevents her from carrying out minor part of training. Respondent submited that all Technical Educators must be re certified every two years. Applicant because of restrictions would not pass, therefore could not be re certified. Respondent is recognised as a certified trainer with VTAB. All Educators must be able to forfill all training duties. Found that it was reasonable for the respondent to require all Educators to be re certified and that all educators to train in all areas to maintain VTAB accreditation. Threat of dismissal not harsh,unjust or unreasonable.