Richard Plunkett v Silverbrook Research Pty Limited [2011] NSWIRComm 1031

Industrial Relations Commission New South Wales Medium Neutral Citation: Richard Plunkett v Silverbrook Research Pty Limited [2011] NSWIRComm 1031 Hearing dates: 1 June 2011, 2 June 2011 and 22 June 2011 Decision date: 14 July 2011 Jurisdiction: Industrial Relations Commission Before: Connor C Decision: Application dismissed Catchwords: INJURED WORKER - dismissal of employee - workers compensation - allegation that dismissal was due to workers compensation injury not sustained - fitness to return to work - nature of injury considered and rejected as a substantial reason for the dismissal - friction in the workplace - other proceedings for a claim for damages unresolved - occupational health and safety concerns for a return to work- application rejected Legislation Cited: Industrial Relations Act 1996 Workers Compensation Act 1987 Australian Human Rights Commission Act 1986 Federal Disability Discrimination Act 1992 Cases Cited: Bates v G James Safety Glass Pty Limited [2007] NSWIRComm 129 Board of Education v Rice (1911) AC 179 Cheron Transport Pty Limited v Toll Transport Pty Limited [2011] NSWIRComm 1021 Elwell v Cobar Mining Services Pty Limited [2004] NSWIRComm 32 Fox v The Spastic Centre [2010] NSWIRComm 1065 Henderson v Henderson (1843) 67 ER 313 Riley v WorkCover Authority of New South Wales (2006) 151 IR 396 Port of Melbourne Authority v Anshun Pty Limited (1980) 147 CLR 589 Jones v Dunkel (1959) 101 CLR 298 Yat Tung Investment Company Limited v Dao Heng Bank Limited (1975) AC 581 Category: Principal judgment Parties: Richard Plunkett (applicant)