Public Service Association and Professional Officers' Association Amalgamated Union of New South Wales (on behalf of Peter Riley) v WorkCover Authority of New South Wales [2006] NSWIRComm 108

Industrial Relations Commission of New South Wales

CITATION: Public Service Association and Professional Officers' Association Amalgamated Union of New South Wales (on behalf of Peter Riley) v WorkCover Authority of New South Wales [2006] NSWIRComm 108

APPELLANT: Public Service Association and Professional Officers' Association Amalgamated Union of New South Wales on behalf of Peter Riley PARTIES: RESPONDENT: WorkCover Authority of New South Wales

FILE NUMBER(S): IRC 1499 of 2005

CORAM: Wright J President; Boland J; Connor C

Appeal - Leave to appeal - Unfair Dismissal - Public sector employment - Medical retirement - Employee's employment terminated because unable to fulfil inherent requirements of the job because of travel restrictions placed on him arising from a medical condition - Applications for reinstatement under s 84 and s 92 of Industrial Relations Act 1996 - Adequate consideration not given by Commissioner at first instance to whether there was another position that the employer had available - Meaning of "available" considered - Meaning of "suitable employment" considered - Meaning of "vacant" considered - Adequate consideration not given by Commissioner at first instance to the requirements of s 94(3)(b) of the Industrial Relations Act 1996 - Leave to appeal granted - Decision and orders of Commissioner set aside - Matter remitted to Commissioner CATCHWORDS: Unfair Dismissal - Appeal - Leave to appeal - Public sector employment - Medical retirement - Employee's employment terminated because unable to fulfil inherent requirements of the job because of travel restrictions placed on him arising from a medical condition - Applications for reinstatement under s 84 and s 92 of Industrial Relations Act 1996 - Adequate consideration not given by Commissioner at first instance to whether there was another position that the employer had available - Meaning of "available" considered - Meaning of "suitable employment" considered - Meaning of "vacant" considered - Adequate consideration not given by Commissioner at first instance to the requirements of s 94(3)(b) of the Industrial Relations Act 1996 - Leave to appeal granted - Decision and orders of Commissioner set aside - Matter remitted to Commissioner