New South Wales Local Government, Clerical, Administrative, Energy, Airlines & Utilities Union (on behalf of Azzopardi) and Sutherland Shire Council [2008] NSWIRComm 1080

Industrial Relations Commission of New South Wales

CITATION: New South Wales Local Government, Clerical, Administrative, Energy, Airlines & Utilities Union (on behalf of Azzopardi) and Sutherland Shire Council [2008] NSWIRComm 1080

APPLICANT New South Wales Local Government, Clerical, Administrative, Energy, Airlines & Utilities Union (on behalf of Simon Azzopardi) PARTIES: RESPONDENT Sutherland Shire Council

FILE NUMBER(S): 2257 of 2007

CORAM: Bishop C

Unfair Dismissal - employee 28 years satisfactory service - workplace injury - light duties return to work - cleared for pre-injury duties - issues as to what were pre-injury duties - placement in alternate positions - exacerbation of injuries - no return to pre-injury duties - employer had no suitable alternate CATCHWORDS: work - terminated - no notice paid in accordance with award - workers compensation payments since termination - reinstatement to pre-injury duties sought or compensation in lieu. Held: termination unjust and unreasonable - not returned to pre-injury duties - such return possible - applicant's position as to pre-injury duties upheld - manner of termination also an issue - entitlement to payment in lieu of notice - reinstatement impracticable - no economic loss since termination - did not seek alternate work - compensation ordered based on notice payment entitlement.

Industrial Relations Act 1996 LEGISLATION CITED: Occupational Health and Safety Act 2000 Workers Compensation Act 1987

Antonakopoulos v State Bank (1999) 91 IR 385 Bankstown City Council v Paris (1999) 93 IR 209 Byrne v Australian Airlines Ltd (1995) 185 CLR 410 Dept of Corrective Services v Boda (2006) 151 IR 396 Diaz v Sydney South West Area Health Service [2008] NSWIRComm 1034 D & R Commercial Pty Ltd v Flood (2002) 113 IR 344 CASES CITED: Effem foods Pty Ltd (t/as Uncle Bens of Australia) v Urban 91998) 81 IR 341 Henderson v Rural Lands Protection Board (1997) 74 IR 142 IGA Distribution Pty Ltd v Moses (No 2) [2002] NSWIRComm 108 Outboard World v Muir (1993) 51 IR 167 Qantas Airways v Christie (1998) 193 CLR 280 Riley v WorkCover Authority (NSW) [2006] NSWIRComm 108 Sams v Contact Point International Pty Ltd [2001] NSWIRComm 18