NSW Caselaw
Industrial Relations Commission of New South Wales
CITATION: Tiney v Sydney West Area Health Service [2009] NSWIRComm 1045
APPLICANT PARTIES: New South Wales Nurses' Association on behalf of Anne Tiney RESPONDENT Director General NSW Health Department - Sydney West Area Health Service (Blacktown Hospital)
FILE NUMBER(S): 1298 of 2008
CORAM: Cambridge C
CATCHWORDS: Protection of injured workers - application for reinstatement - no dispute as to reason for dismissal - availability of work of a kind for which the applicant is fit - manifest breach of legislative provisions - reinstatement to kind of employment which may include part time employment by agreement.
LEGISLATION CITED: Workers Compensation Act 1987 Industrial Relations Act 1996
CASES CITED: 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 ) Full Commission of Industrial Relations Commission of NSW, [Wright P, Boland J, Connor C], [2006] NSWIRComm 108 (26 June 2006).
HEARING DATES: 10, 11, 12 & 13 August 2009
EXTEMPORE JUDGMENT DATE : 13 August 2009
APPLICANT Mr N Dawson, solicitor from Federation Law with Mr J O'Brien from NSW Nurses Association
LEGAL REPRESENTATIVES:
RESPONDENT Mr I Todd, barrister with Mr S Kennedy, solicitor Solicitors for Respondent TurksLegal
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