Riley and Bindaree Beef Pty Ltd [2011] NSWIRComm 1057

Industrial Relations Commission New South Wales Medium Neutral Citation: Riley and Bindaree Beef Pty Ltd [2011] NSWIRComm 1057 Hearing dates: 26 May, 8 and 9 September 2011 Decision date: 23 December 2011 Jurisdiction: Industrial Relations Commission Before: Macdonald C Decision: (1) Mr. Riley is reinstated into the position of Slicer. (2) Mr. Riley is to be paid for lost remuneration less any Workers Compensation payments made to him. Catchwords: Application for reinstatement of injured employee - abattoir worker - employer opposed application - employer submitted dismissal on ground of risk of re-injury - HEARING - inspection at abattoir - medical evidence - documentary evidence - re-injury submission considered but rejected - section 241 Workers Compensation Act application considered - HELD : Applicant fit to perform work of Slicer - reinstatement and lost remuneration orders made. Legislation Cited: Industrial Relations Act 1996 Industrial Relations Further Amendment Act 2006 Occupational, Health and Safety Act 2000. Workers Compensation Act 1987 Workplace Injury Management and Workers Compensation Act 1998 Cases Cited: Betty Silaphet v South Western Area Health Service (1998) NSWIRComm 124 Cansino v South Western Sydney Area Health Service (1999) 130 IR 1 Da Ros v Qantas Airways Limited (2010) NSWCA 89 Hofman v Penford Australia Limited (2008) NSWIRComm 1026 Inspector Mansell v Robert Josef (2003) NSWIRComm 339 Kirk v Industrial Relations Commission of New South Wales (2010) 190 IR 437 Leticia Cansino v South Western Area Health Service (1999) NSWIRComm 355 Morrison v Powercoal Pty Ltd (No 3) (2005) 147 IR 117 Newcastle Wallsend Coal Pty Ltd v WorkCover Authority (NSW) (Inspector McMartin) (2006) 159 IR 121 Therese Smith v State Transit Authority (2010) NSWIRComm 1062 Transport Workers Union of New South Wales (o/b Lawson) v Lindsay Bros Management Pty Ltd [2008] NSWIRComm 157 WorkCover Authority (NSW) v ATCO Controls Pty Ltd (1998) 82 IR 80 WorkCover Authority of New South Wales (Inspector Pompili) v Central Sydney Area Health Service (2002) NSWIRComm 44 Category: Principal judgment Parties: Anthony Terrance Riley (Applicant) Representation: Damien Brown (Carroll & O'Dea, Lawyers) (Applicant) Simon Berry (Berry Buddle Wilkins, Lawyers) (Respondent) File Number(s): IRC 63 of 2011