SAS Trustee Corporation v Cameron [2012] NSWIRComm 20

Industrial Relations Commission New South Wales Medium Neutral Citation: SAS Trustee Corporation v Cameron [2012] NSWIRComm 20 Hearing dates: 13 December 2011 Decision date: 23 March 2012 Jurisdiction: Industrial Court of NSW Before: Walton J, Vice-President; Kavanagh J; Backman J Decision: Orders 1.Leave to appeal is granted. 2.The appeal is dismissed. 3.The Orders of Marks J are confirmed. 4.Each party shall pay their costs of the appeal. 5.The stay ordered 17 June 2011 is lifted. Catchwords: SUPERANNUATION - Appeal of dispute determination - extension of time for Appeal allowed - respondent employed by NSW Maritime Authority - complaints by respondent alleging bullying and harassment - diagnosed with work-related depressive illness - workers compensation paid until retirement - medically retired - partial, permanent impairment benefit granted under State Authorities Superannuation Act - application for total and permanent impairment rejected - dispute notified under Superannuation Administration Act - dispute rejected

On appeal respondent found to satisfy statutory test for total and permanent disablement payment - Applicable principles for determination as to whether reasonable to require respondent to perform paid work - test under s 39(1)(b) considered - leave to Appeal granted - Appeal dismissed - each party pay own costs - Stay lifted Legislation Cited: Industrial Relations Act 1996 s 188 State Authorities Superannuation Act 1987 s 39 Superannuation Administration Act 1996 s 88 Cases Cited: Brady v Kennedy (t/as Sardines) (1999) 91 IR 258 Brisbane South Regional Health Authority v Taylor (1996) 186 CLR 541 Broussard v Minister for Immigration and Ethnic Affairs (1989) 21 FCR 472 Cameron v SAS Trustee Corporation [2011] NSWIRComm 69 Cavill Power Products Pty Limited v Royle (1991) 42 IR 229 Gideon v First State Super Trustee Corporation [2005] NSWIRComm 62 Halloran v Harwood Nominees Pty Ltd [2007] NSWSC 913 Hosemans v Commissioner of Police (No 4) [2005] NSWIRComm 409; (2005) 150 IR 263 House v The King (1939) 55 CLR 499 Hurrell and Others v Queensland Cotton Corporation Limited [2003] NSWIRComm 139; (2003) 125 IR 145 Knowles v Anglican Church Property Trust (No 2) (1999) 95 IR 380 McKenzie v SAS Trustee Corporation [2009] NSWIRComm 177 Oshlack v Richmond River Council (1998) 193 CLR 72 Purkess v Crittenden (1965) 114 CLR 164 SAS Trustee Corporation v Hazlewood (No 2) [2010] NSWIRComm 8 Schering-Plough Pty Limited v Page [2002] NSWCA 4 Strathfield Group Ltd v Hall [2002] NSWIRComm 373; (2002) 121 IR 158 Category: Principal judgment Parties: SAS Trustee Corporation (Appellant) Bruce Malcolm Cameron (Respondent) Representation: T M Ower of counsel with K Balendra of counsel (Appellant) M Gibian of counsel (Respondent) SAS Trustee Corporation (Appellant) W G McNally Jones Staff (Respondent) File Number(s): IRC 822 of 2011 Decision under appeal Citation: [2011] NSWIRComm 69 Date of Decision: 2011-05-25 00:00:00 Before: Marks J File Number(s): IRC 1430 of 2009