NSW Caselaw
Industrial Relations Commission of New South Wales
CITATION: Diaz v. Sydney South West Area Health Service [2008] NSWIRComm 1034
APPLICANT Ricardo Diaz PARTIES: RESPONDENT Sydney South West Area Health Service Department of Health
FILE NUMBER(S): IRC 1189 of 2007
CORAM: Connor C
CATCHWORDS: injured worker - hospital employment - claim for reinstatement to former position rejected - alternative employment of a clerical nature available - re-employment ordered
Industrial Relations Act 1996 LEGISLATION CITED: Occupational Health and Safety Act 2000 Workers Compensation Act 1987
Big W Stores v. Donato (1994) 58 IR 239 Mitchell v. Macquarie Health Service (1996) 67 IR 107 Moukahal v. Star Track Express Pty Limited [2006] NSWIRComm 1159 Paris v. Stepney Borough Council (1951) AC 367 CASES CITED: Preference of Employment Case (1977) AR 458 Riley v. WorkCover Authority of New South Wales (2006) 151 IR 396 State Rail Authority of New South Wales v. Bauer (1994) 55 IR 263 Tyrell v. State Rail Authority - unreported Urban v. Uncle Bens of Australia Pty Limited (1997) 78 IR 70
HEARING DATES: 26/03/2008, 27/03/2008, 28/03/2008, 30/04/2008
DATE OF JUDGMENT: 23 May 2008
APPLICANT Spiro Eistis Ron Kramer Associates
LEGAL REPRESENTATIVES: RESPONDENT Jacqui Clark Sydney South West Area Health Service Department of Health
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