Hofman v Penford Australia Limited [2008] NSWIRComm 1026

Industrial Relations Commission of New South Wales

CITATION: Hofman v Penford Australia Limited [2008] NSWIRComm 1026

APPLICANT PARTIES: Richard Hofman RESPONDENT Penford Australia Limited

FILE NUMBER(S): 1454 of 2007

CORAM: Cambridge C

CATCHWORDS: Protection of injured workers - application for reinstatement - removal of suitable duties - availability of work for which the applicant is fit - reinstatement ordered to kind of employment as distinct from reinstatement to a position.

LEGISLATION CITED: Industrial Relations Act 1996 Workers Compensation Act 1987

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 ) Full Commission of Industrial Relations Commission of NSW, [Wright P, Boland J, Connor C], [2006] NSWIRComm 108 (26 June 2006). CASES CITED: IGA Distribution Pty Ltd v Moses (No 2) (2002), Full Commission of Industrial Relations Commission of NSW, [Wright P, Walton VP & Redman C] 114IR @ 307. Leticia Cansino v South Western Sydney Area Health Service, Full Commission of Industrial Relations Commission of NSW, [Hungerford, Marks JJ O'Neill C], IRC No. 1754 of 1998, 23 August 1999. R v Board of Trustees of the Science Museum, Court of Appeal (Eng), Criminal Division, [Steyn LJ, Garland & Rougier JJ], (1993) 3All ER, at 853.

HEARING DATES: 20/02/08-21/02/08, 28/02/08

DATE OF JUDGMENT: 28 March 2008

APPLICANT Mr S Mueller, for National Union of Workers LEGAL REPRESENTATIVES: RESPONDENT Mr M Waring, solicitor, McCarthy Ausgroup Lawyers