NSW Caselaw
Industrial Relations Commission of New South Wales
CITATION: Wei Fen Xian and Rail Corporation New South Wales (No. 2) [2009] NSWIRComm 199
PARTIES: Ms Wein Fen Xian RailCorp New South Wales
FILE NUMBER(S): 1002 of 2009
CORAM: Grayson DP
Unfair dismissal - Threatened dismissal - Finding at first instance that no such threat exists - Appeal against first instance decision withdrawn - Matter remitted for re-hearing - Respondent concedes threat to dismiss - Stay of dismissal sought - Refusal by applicant to attend mandatory health assessment - Applicant classified as Category 3 Rail Safety Worker - Concerns about applicant's ability to work safely - Employer's contractual right to terminate employment not lightly set aside - Principals for such injuctive relief discussed CATCHWORDS: Held - Relevant tests for injunctive relief not met including but not limited to lack of sufficient prospects of success - Application dismissed
Industrial Relations Act 1996 LEGISLATION CITED: Rail Safety Act 2008 Rail Safety (General) Regulation 2008
ASMOF (NSW) (on behalf of Dr Wojtulewicz) v Director General of NSW Health Service (Children's Hospital at Westmead) [2008] NSWIRComm 299 CASES CITED: Hill v Department of Education (1998) 85 IR 201 Wei Fen Xian and Rail Corporation New South Wales [2009] NSWIRComm 1083
HEARING DATES: 17 November 2009 EXTEMPORE JUDGMENT DATE: 17 November 2009
Applicant in person LEGAL REPRESENTATIVES: Mr P Ginters of counsel instructed by Deacons Lawyers (Ms N Martin)
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