Terrence Hickey and Coles Supply Chain Pty Limited [2012] NSWIRComm 1010

Industrial Relations Commission New South Wales Medium Neutral Citation: Terrence Hickey and Coles Supply Chain Pty Limited [2012] NSWIRComm 1010 Hearing dates: 8 June 20119 June 2011 Decision date: 15 May 2012 Before: Tabbaa C Decision: Application for re-instatement rejected; Payment ordered for the period 17 August 2009 to 11 December 2009. Catchwords: Reinstatement of injured worker; unfit for previous employment as Order Picker/Packer; Fit for work with modifications or in an alternate position; Commission asked to exercise discretionary power pursuant to s 243 of the Workers' Compensation Act in favour of the injured employee: reinstate him to available employment that is less advantageous to the employee or employment which can reasonably be made available for the employee Legislation Cited: Workers' Compensation Act 1987 Cases Cited: Therese Smith v State Transit Authority of New South Wales [2010] NSWIRComm 1062; Longbottom v South Eastern Sydney & Illawarra Area Health Service [2009] NSWIRComm 1090; Public Service Association and Professional Officers' Association Amalgamated Union of New South Wales (on behalf of Peter Riley) v WorkCover Authority of NSW [2006] NSWIRComm 108 Moukahal v Star Track Express Pty Limited [2006] NSWIRComm 1159; Big W Discount Stores v Donato [1994] 58 IR 239 Jones v Dunkel (1959) 101 CLR 298 Transport Workers' Union of New South Wales v Lindsay Brothers (No 3) [2010] NSWIRComm 60 Leticia Cansino v South Western Sydney Area Health Service [1999] NSWIRComm 355 Category: Principal judgment Parties: Terrence Hickey (Applicant) Coles Supply Chain Pty Limited (Respondent) Representation: Ms B Obradovic, Counsel (Applicant) Mr J Murphy, Counsel (Respondent) Mr P Anjas Byles Anjos Lawyers (Applicant) Mr T McDonald Moray & Agnew Lawyers (Respondent) File Number(s): IRC 1073 of 2010