Moussa v City of Sydney Council [2012] NSWIRComm 1021

Industrial Relations Commission New South Wales Medium Neutral Citation: Moussa v City of Sydney Council [2012] NSWIRComm 1021 Hearing dates: 20/08/12 Decision date: 10 September 2012 Before: Ritchie C Decision: Catchwords: application under s 84 of IR Act-long term employee terminated due to significant risk of further injury-alternative roles considered but not found- applicant had significant history of workers compensation claims and sick leave-genuine concern held by respondent of further injury-at time of termination no workers compensation claim on foot- post termination - subsequent medical certificates continue to not have the applicant fit to return to normal duties. Commission found that respondent had no alternative but to terminate. Found application neither harsh, unjust or unreasonable. Legislation Cited: Industrial Relations Act, 1996 Cases Cited: Bindaree Beef Pty Ltd v The Australasian Meat Industry Employees Union, Newcastle and Northern Branch on behalf of Riley [2012]NSWIRComm74 Category: Principal judgment Parties: Mr E Moussa (the applicant) City of Sydney Council (the respondent) Representation: Ms S Price for the respondent from Bartier Perry File Number(s): IRC 372 of 2012

DECISION

Background. 1Mr Edward Moussa (the applicant) filed a claim for unfair dismissal under section 84 of the Industrial Relations Act, 1996 on 28 February, 2012. The respondent being the City of Sydney. The matter came on before Bishop C for conciliation on 23 March 2012, 24 April 2012 and 21 June 2012 but without agreement being reached. A timetable for the filing and serving of evidentiary material was provided to the parties. 2The matter was listed for hearing on 20 August 2012 with the decision being reserved at the end of final submissions.