Charles Henry Norville and New South Wales Fire Brigades [2007] NSWIRComm 45

Industrial Relations Commission of New South Wales

CITATION: Charles Henry Norville and New South Wales Fire Brigades [2007] NSWIRComm 45

APPLICANT Charles Henry Norville PARTIES: RESPONDENT New South Wales Fire Brigades

FILE NUMBER(S): 1513 of 2006

CORAM: Sams DP

Application for reinstatement of injured employee - firefighter medically retired 12 years ago - personality disorder - medical evidence - applicant declared fit for employment - respondent refused to re-employ applicant - unfair dismissal application dismissed (subject to appeal) - applicant received and continues to receive breakdown pension - significant jurisdictional issues - meaning of injured employee - whether provisions of Superannuation Act apply - relationship to workers' compensation legislation - whether applicant dismissed from employment - whether obligation on respondent to re-employ applicant - whether special circumstances exist to accept claim - applicant applies for firefighter position - failure to pass entry requirements - allegations of corruption and coercion - recruitment process unfair - changes in firefighting not contested. CATCHWORDS: Held; Superannuation Act has no relevance to this application - applicant medically retired not dismissed - applicant not an injured employee - employment does not 'subsist' - no special circumstances established to accept claim - no obligation on employer to offer re-employment - application dismissed on jurisdictional grounds - allegations of corruption and coercion not made out - changes to firefighting make it impractical to reinstate applicant - safety risk - applicant in receipt of breakdown pension and engaged in other employment - significant time delay in initiating proceedings - application could also be dismissed on discretionary grounds - application dismissed.