NSW Caselaw
Industrial Relations Commission of New South Wales
CITATION: Lee and EnergyAustralia [2010] NSWIRComm 157
PARTIES: Paula Lee (Appellant) EnergyAustralia (Respondent)
FILE NUMBER(S): IRC 293 of 2010
CORAM: Walton J Vice-President; Staff J; Tabbaa C
APPEAL - leave to appeal - victimisation - application and operation of s 210(2) - complaint made by employee that workplace not safe or risk to health - subsequently employee redeployed - whether employer rebutted presumption that complaint was not a substantial and operative cause of the detrimental action of redeployment - respondent failed to fulfil the reverse onus - failure at first instance to consider why appellant was chosen for redeployment and not other employees - error of law - appeal upheld - matter remitted to be dealt with in accordance with law - Industrial Relations Act 1996 s 210, s 213 CATCHWORDS: APPEAL - leave to appeal - decision of Industrial Registrar - refusal of notice of motion filed by applicant at first instance seeking leave to serve notice to produce - applicant required to demonstrate documents had some tangible benefit or application to proceedings - exercise of discretion by Industrial Registrar - leave to appeal refused - Uniform Civil Procedure Rule 2005, r 7.3.
LEGISLATION CITED: Conciliation and Arbitration Act 1904 Industrial Relations Act 1996
General Motors Holden Pty Ltd v Bowling (1996) 12 ALR 605 Harrison v P & T Tube Mills Pty Ltd (2009) 188 IR 270 CASES CITED: Hosemans v Commissioner of Police (No 4) (2005) 150 IR 263 Paula Lee and EnergyAustralia [2010] NSWIRComm 1016 Twentieth Superpace Nominees Pty Ltd v Transport Workers' Union (NSW) (2006) 156 IR 323
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