New South Wales Nurses' Association (on behalf of Yoyet Standen) v Principal Health Care Finance No 3 Pty Ltd t-as Principal Aged Care [2009] NSWIRComm 1014

Industrial Relations Commission of New South Wales

CITATION: New South Wales Nurses' Association (on behalf of Yoyet Standen) v Principal Health Care Finance No 3 Pty Ltd t-as Principal Aged Care [2009] NSWIRComm 1014

APPLICANT (Respondent to the notice of motion) New South Wales Nurses' Association PARTIES: RESPONDENT (Applicant on the notice of motion) Principal Health Care Finance No 3 Pty Ltd t/as Principal Aged Care

FILE NUMBER(S): IRC 2203 of 2008

CORAM: McKenna C

CATCHWORDS: Reinstatement of injured worker application - notice of motion by employer seeking dismissal of application on jurisdictional basis worker had not been dismissed by employer. Employer submitted it provided suitable duties for as long as reasonably practicable - no longer viable to continue to provide suitable duties - no obligation on employer to provide work or wages – dispute about suitable duties should be dealt with by the WCC, not the IRC. Union submitted employment relationship terminated by dismissal or by worker's acceptance of employer's repudiation. HELD: Simple dismissal or, alternatively, termination of employment through repudiation – dismissal, repudiation and implied term of good faith, mutual trust and confidence considered – employer's motion dismissed

ACTS Industrial Relations Act 1991 (NSW) Industrial Relations Act 1996 (NSW) ss 3, 126, 130, 146(2) Workers' Compensation Act 1987 (NSW) ss 241, 242, 243 LEGISLATION CITED: Workplace Injury Management and Workers' Compensation Act (1998) (NSW) s49 Workplace Relations Act 1996 (Cth) ss 16, 182, 183 AWARDS BlueScope (AIS) Pty Ltd – Port Kembla Steelworks Employees Award Nursing Homes &c Nurses' (State) Award