NSW Caselaw
Industrial Relations Commission of New South Wales
CITATION: Australian Workers' Union (on behalf of Jurisic) and OneSteel Pty Ltd [2006] NSWIRComm 1139
APPLICANT PARTIES: Australian Workers' Union (on behalf of Momcilo Jurisic) RESPONDENT OneSteel Pty Ltd
FILE NUMBER(S): 6849 of 2005
CORAM: Stanton C
Unfair dismissal - medical grounds - workplace injuries - workplace restructure - new classification structure - job rotation - rehabilitation to pre-injury role - alternative position unsuitable - incapacity - duty of care - alleged offer of early voluntary redundancy - procedural fairness. CATCHWORDS: Held, dismissal not harsh, unreasonable or unjust - application dismissed.
LEGISLATION CITED: Industrial Relations Act 1996 Occupational Health and Safety Act 2000
CASES CITED: IGA Distribution Pty Limited and Moses No 2 [2002] NSWIRComm 96 Loty & Holloway v The Australian Workers' Union (1971) AR 95
HEARING DATES: 27/04/2006
DATE OF JUDGMENT: 09/25/2006
APPLICANT: Mr K Maher Australian Workers' Union LEGAL REPRESENTATIVES: RESPONDENT Ms M McNaughton, Solicitor Enterprise Law
DECISION: INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES
CORAM : STANTON C Monday, 25 September 2006
Matter No IRC 6849 of 2005
The Australian Workers' Union, New South Wales (on behalf of Momcilo Jurisic) and OneSteel Wire Pty Ltd
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