Melanie Longbottom (nee Butler) v South Eastern Sydney and Illawarra Area Health Service [2009] NSWIRComm 1090

Industrial Relations Commission of New South Wales

CITATION: Melanie Longbottom (nee Butler) v South Eastern Sydney and Illawarra Area Health Service [2009] NSWIRComm 1090

APPLICANT PARTIES: Melanie Longbottom (nee Butler) RESPONDENT South Eastern Sydney and Illawarra Area Health Service

FILE NUMBER(S): 1160 of 2009

CORAM: Macdonald C

CATCHWORDS: Protection of injured workers - application for reinstatement of injured employee - section 242 Workers Compensation Act 1987 - Applicant sought order of reinstatement to Shoalhaven Hospital - Respondent sought order of reinstatement for the Applicant to Shellharbour Hospital - section 243 - four types of reinstatement orders - two reinstatement orders contained in section 243(2) - statutory criteria to be met by Applicant - job available and certified medically fit - employment of a kind - any other kind of employment that is no less advantageous - Held: Applicant made out her case for employment of a kind - Commission to consider whether it should exercise its discretionary power - Respondent's case (any other kind of employment that is no less advantageous) not made out - Order that Applicant be reinstated to employment of a kind sought by the Applicant (Shoalhaven Hospital)

LEGISLATION CITED: Industrial Relations Act 1996 Workers Compensation Act 1987

Cansino v South Western Sydney Area Health Service [1999] NSWIRComm 355 Diaz v Sydney South West Area Health Service [2008] NSWIRComm 1034 CASES CITED: Hofman v Penford Australia Limited [2008] NSWIRComm 1026 Public Service Association and Professional Officers' Association Amalgamated Union of New South Wales (on behalf of Peter Riley) v WorkCover Authority of New South Wales [2006] NSWIRComm 108 Tiney v Sydney West Area Health Service [2009] NSWIRComm 1045