Ferguson v Inghams Enterprises Pty Ltd [2005] NSWIRComm 1213

Industrial Relations Commission of New South Wales

CITATION: Ferguson v Inghams Enterprises Pty Ltd [2005] NSWIRComm 1213

APPLICANT: Mr. Richard Ferguson PARTIES: RESPONDENT: Inghams Enterprises Pty Ltd

FILE NUMBER(S): 3545 of 2005

CORAM: Ritchie C

Application for unfair dismissal Applicant's position contracted out Applicant's position made redundant. Applicant sought reinstatement to previous position or alternative position with the respondent. Applicant had previously suffered a substantive work injury -loss of right leg. Had accepted a lesser monetary amount in settlement of his injury claim on the basis that CATCHWORDS: Respondent had indicated that they would continue to employ him in an alternative position. Applicant's view was that he had a job indefinitely.

Commission found that previous position no longer was available and applicant not capable of carrying out alternative positions with the respondent due to physical restrictions. Law of estoppel did not apply in this case. Commission found that termination harsh due to lack of action by respondent in assisting to find alternative employment through appropriate agency who deals in assiting persons with significant physical restrictions. Order for the payment of compensation made.

LEGISLATION CITED: Industrial Relations Act 1996

Schwartz v Central Sydney Area Health Service & anor [2002] NSWIR Comm 79. CASES CITED: Cheshire and Fifoot's Law of Contract.