NSW Caselaw
Industrial Relations Commission of New South Wales
CITATION: Transport Workers' Union of New South Wales (on behalf of Thomas Lawson) v Lindsay Brothers Management Pty Limited [2008] NSWIRComm 157
APPLICANT: Transport Workers' Union of New South Wales (on behalf of Thomas Lawson) PARTIES: RESPONDENT: Lindsay Brothers Management Pty Limited
FILE NUMBER(S): IRC 27 of 2008
CORAM: Boland J President
CATCHWORDS: Injured worker - Reinstatement - Section 242 of Workers Compensation Act 1987 - Transport industry - Worker terminated on the ground that employer did not have suitable duties for worker to perform due to medical restrictions - Application by worker's union for reinstatement of worker - Consideration of medical evidence as to worker's capacity to perform work - Whether medical certificates should be accepted as evidence of worker's capacity to perform work - Consideration of work available to be performed by injured worker - Consideration of the circumstances that led to termination of worker's employment - Whether worker fit for full time or part time employment - Directions to confer
LEGISLATION CITED: Workers Compensation Act 1987 ss 242, 243, 243(2), 243(3)
Cansino v South Western Sydney Area Health Service (1999) 130 IR 1 CASES CITED: IGA Distribution Pty Ltd v Moses (No 2) (2002) 114 IR 307 Riley v WorkCover Authority (NSW) (2006) 151 IR 396
HEARING DATES: 14 & 15 July 2008
DATE OF JUDGMENT: 29 August 2008
APPLICANT: Mr M Aird Transport Workers' Union of New South Wales
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