Hickey v Coles Group Supply Chain Pty Limited [2012] NSWIRComm 124

Industrial Relations Commission New South Wales Medium Neutral Citation: Hickey v Coles Group Supply Chain Pty Limited [2012] NSWIRComm 124 Hearing dates: 8 November 2012 Decision date: 14 November 2012 Jurisdiction: Industrial Relations Commission Before: Boland J, President, Walton J, Vice-President, Bishop C Decision: (1) Leave to appeal in respect of the orders in [164] and [166] of the Commissioner's decision of 15 May 2012 and the decision in respect thereof is granted. (2) The Commissioner's orders at [164] and [166] of her decision are quashed. (3) Leave to appeal in respect of the order at [165] and in respect of the remainder of the Commissioner's decision is refused. Catchwords: REINSTATEMENT - Application by worker seeking reinstatement under Part 8 of Workers Compensation Act 1987 - Application refused at first instance - Compensation ordered in respect of a period when the worker was declared fit to resume pre-injury duties - APPEAL - Application for leave to appeal and appeal by worker - Leave to appeal refused except in relation to compensation order in respect of which leave granted and order quashed Legislation Cited: Workers' Compensation Act 1987 Cases Cited: Terrence Hickey and Coles Supply Chain Pty Limited [2012] NSWIRComm 1010 Category: Principal judgment Parties: Terry Hickey (Appellant) Coles Group Supply Chain Pty Limited (Respondent) Representation: Ms B Obradovic of counsel (Appellant) Mr J Murphy of counsel (Respondent) Byles Anjos Lawyers (Appellant) Moray & Agnew (Respondent) File Number(s): IRC 640 of 2012 Decision under appeal Citation: Terrence Hickey and Coles Supply Chain Pty Limited [2012] NSWIRComm 1010 Date of Decision: 2012-05-15 00:00:00 Before: Commissioner Tabbaa File Number(s): IRC 1073 of 2010