NSW Caselaw
Industrial Relations Commission of New South Wales
CITATION: Leonard v. BlueScope Steel Limited [2007] NSWIRComm 1023
APPLICANT Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union PARTIES: RESPONDENT BlueScope Steel Limited
FILE NUMBER(S): IRC 186 and 226 of 2007
CORAM: Connor C
CATCHWORDS: termination of employment - steelworks - claim of unfair dismissal - entering an area of the plant chained off as an exclusion zone for forklifts - "cardinal rules" for safety - alleged unsafe work practice - occupational health and safety concerns - claim of reinstatement - compensation for loss of earnings
LEGISLATION CITED: Industrial Relations Act 1996 Occupational Health and Safety Act 2000
Burge v. BHP Steel Pty Limited (2001) 105 IR 325 Byrne and Frew v. Australian Airlines Limited (1995) 185 CLR 410 Jankovki v. BHP Port Kembla (1996) 71 IR 313 Jovanovski v. BlueScope Steel (AIS) Pty Limited [2007] NSWIRComm 1019 CASES CITED: Kiama Coachlines Case - unreported Metropolitan Meat Industry Board v. Australasian Meat Industry Employees' Union (1973) AR 231 Pacific Power v. Crump (1993) 48 IR 296 Plummer v. Stannard Brothers Launch Service (2005) 145 IR 111 State Dockyards Case (1972) 8 AILR Rep.133 Vehicle Builders Employees Federation of Australia v. Toyota Manufacturing Australia Limited (1987) 24 IR 74
HEARING DATES: 07/05/2007, 08/05/2007, 14/05/2007
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