Sonja Mulder v NSW Department of Trade & Investment [2015] NSWIRComm 1014

Industrial Relations Commission New South Wales Medium Neutral Citation: Sonja Mulder v NSW Department of Trade & Investment [2015] NSWIRComm 1014 Hearing dates: 6 and 7 August 2014 Decision date: 02 September 2015 Before: Tabbaa C AM Decision: The application is dismissed Catchwords: Unfair Dismissal-Medical retirement pursuant to s 25 of PSEM Act-Opted to seek reinstatement as dismissed employee rather than as injured worker-medical reports imposed restrictions which prevented the Applicant from fulfilling the inherent requirements and demands of her substantive position since 2012-unsuccessful attempts to return the Applicant to her substantive position-unavailability of any suitable alternative positions-Applicant required duties which would not, in future, exacerbate her injury-Voice activated technology did not work for the Applicant-Applicant's very high grading caused difficulty in obtaining suitable alternative employment-dismissal not harsh, unjust or unreasonable-claim dismissed. Legislation Cited: Industrial Relations Act 1996 Public Sector Employment and Management Act 2002 Workers Compensation Act 1987 Workplace Injury Management and Workers Compensation Act 1998 Cases Cited: Paul Antonakopoulos v State Bank of New South Wales [1999] NSWIRComm 328 Robinson v Commissioner of Police [2014] NSWIRComm 35 Terrence Hickey and Coles Supply Chain Pty Limited [2012] NSWIRComm 1010 Warren v Department of Education [2009] NSWIRComm 1032 New South Wales Technical and Further Education Commission v Valda June Kerrison [2004] NSWIRComm 369 Category: Principal judgment Parties: Sonja Brigitte Mulder (Applicant) (Self Represented) NSW Department of Trade & Investment, Independent Liquor & Gaming Authority (Respondent) Representation: Counsel: P Lowson of counsel (Respondent)