NSW Caselaw
Industrial Relations Commission of New South Wales
CITATION: Paula Lee and EnergyAustralia [2010] NSWIRComm 1016
APPLICANT Paula Lee PARTIES: RESPONDENT EnergyAustralia
FILE NUMBER(S): 1371 of 2009
CORAM: Bishop C
CATCHWORDS: Application for relief from victimisation - request to perform other work due to project delays - complaint of unsafe workplace due to bullying and intimidation - investigation undertaken - no bullying or intimidation found - mediation recommended - mediation process not completed - projects in meantime finalised - applicant redeployed but not the two managers HELD managerial right to allocate alternate work in initial circumstances - projects subsequently completed - complaint of unsafe workplace not substantial and operative cause of redeployment - application dismissed.
LEGISLATION CITED: Industrial Relations Act 1996 Occupational Health and Safety Act 2000
Re Dispute Between Federated Engine Drivers and Firemen's Association of Australasia (Coast District) and the Broken Hill Proprietary Company Limited (1950) 49 AR 371 CASES CITED: Re John Lysaght (Australia) Limited Port Kembla - Slit Recoil Line IRC 2374 of 1974 (unreported) Shell Company Australia Limited and Others v Transport Workers' Union of Australia Print G6298, C No. 3303 of 1986 Twentieth Superpace Nominees v TWU [2006] NSWIRComm 218
HEARING DATES: 15 and 16 March 2010
DATE OF JUDGMENT: 31 March 2010
APPLICANT Ms Paula Lee LEGAL REPRESENTATIVES: RESPONDENT Mr P Farrell EnergyAustralia
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