NSW Caselaw
Industrial Relations Commission of New South Wales
CITATION: National Union of Workers, New South Wales Branch (on behalf of Todd Bell) and Terminals Pty Limited [2008] NSWIRComm 1073
APPLICANT National Union of Workers, New South Wales Branch PARTIES: RESPONDENT Terminals Pty Limited
FILE NUMBER(S): IRC 2087 of 2007
CORAM: McKenna C
CATCHWORDS: Application for reinstatement of injured worker - worker injured back - dismissal effected against background of injury - differing views about whether worker can perform the job of a terminal operator given post-injury medical recommendations - differing views about risk of re-injury. Held: Applicant union established a case for reinstatement to former position, with continuity of service - leave to address on formal orders, including order for remuneration
LEGISLATION CITED: Workers Compensation Act 1987
Cansino v South Western Sydney Area Health Service [1999] NSWIRComm 355; (1999) 130 IR 1 CASES CITED: Riley v WorkCover Authority (NSW) [2006] NSWIRComm 108; (2006) 151 IR 396 State Rail Authority of New South Wales v The Honourable Justice Bauer and Others (1994) 55 IR 263
HEARING DATES: 25/06/08, 26/06/08, 11/07/08, 25/07/08, 01/08/08
DATE OF JUDGMENT: 26 August 2008
APPLICANT Mr A Joseph of counsel for the National Union of Workers, New South Wales Branch
LEGAL REPRESENTATIVES: RESPONDENT Mr R Warren of counsel
Solicitors Stevens & Associates
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