Phillis v RobarBoring Contractors Pty Ltd [2005] NSWIRComm 1185

Industrial Relations Commission of New South Wales

CITATION: Phillis v RobarBoring Contractors Pty Ltd [2005] NSWIRComm 1185

APPLICANT: Mr. J. Phillis PARTIES: RESPONDENT: Robar Boring Contractors Pty Ltd

FILE NUMBER(S): 2342 of 2005

CORAM: Ritchie C

Employee injured at work. Workers Compensation claimed and accepted. Injured worker returned to work for two non consecutive days. Employer sent employee home concerned about safety at work. Employer received medical evidence stating employee never would return to full time work. As a consequence employer terminated employee. Employee made application under s.93 of IR Act. Applicant sought to return to part time position for a three month duration and then revue situation. Respondent argued lack of medical evidence that would allow Commission to reinstate applicant. CATCHWORDS: Volume of work down,respondent already terminated staff as a consequence and failed to replace other staff who had resigned. Applicant had received a payout re workers compensation claim. Commission found that weight of medical evidence showed that applicant had failed to prove fit to return to employment sought. Medical evidence expressed degree of concern if reinjured. Applicant prepared to risk being reinjured. Respondent's responsibility re compliance with OH&S. Would find difficult to comply if applicant reinstated. Application dismissed.