NSW Caselaw
Industrial Relations Commission of New South Wales
CITATION: Fox v. The Spastic Centre [2010] NSWIRComm 1065
APPLICANT Krista Fox PARTIES: RESPONDENT The Spastic Centre
FILE NUMBER(S): IRC 804 of 2010
CORAM: Connor C
CATCHWORDS: protection for worker injured at work - claim for reinstatement - foreign employee holding a 457 visa - employment critical to preserve existing status and avoid deportation and loss of benefits under workers compensation - delay in proceeding with claim - meaning of words "substantial and operative cause" - test to be applied for claims for reinstatement - probationary employment - application dismissed
Industrial Relations Act 1996 LEGISLATION CITED: Workers Compensation Act 1987 Federal Workplace Relations Amendment (Work Choices) Act 2005
Airline Hostesses Association v. Qantas Airways Limited (1974) 16 AILR Rep.785 Alchin v. South Newcastle Leagues Club (1977) AR 236 Bates v. G James Safety Glass Pty Limited [2007] NSWIRComm 129 Berger Paints Case (1984) 9 IR 273 CASES CITED: Director General of the Department of Corrective Services v. Michelson (1992) 42 IR 38 Elwell v. Cobar Mining Services Pty Limited [2004] NSWIRComm 32 Jones v. Dunkel (1959) 101 CLR 298 State of New South Wales v. Commonwealth of Australia (2006) 156 IR 1 Subramaniam v. Public Prosecutor (1956) 1 WLR 965
HEARING DATES: 15 November 2010, 26 November 2010
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