Grafton and Waverley Council [2016] NSWIRComm 1029

Industrial Relations Commission New South Wales Medium Neutral Citation: Grafton and Waverley Council [2016] NSWIRComm 1029 Hearing dates: 1 July 2016 Decision date: 06 July 2016 Jurisdiction: Industrial Relations Commission Before: Tabbaa C AM Decision: Claim dismissed Catchwords: Application for reinstatement of injured worker-conciliation unsuccessful-referred for arbitration-Notice of Motion-allegation that applicant was not dismissed within the meaning of ss 241(1) of the Workers' Compensation Act 1997-alternatively, applicant has not applied for reinstatement or re-employment as required by ss 241(1) and/or 242 (1) of that Act-Applicant was unable to prove that dismissal had occurred-Even if dismissal had occurred, Applicant had not sought reinstatement or re-employment-the requirements to satisfy the sections of the Act have not been met-no jurisdiction exists to hear the claim-dismissed. Legislation Cited: Workers' Compensation Act 1997 Cases Cited: Glen Robinson v Commissioner of Police, NSW Police Force [2013] NSWIRComm 1027; Robinson v Commissioner of Police [2014] NSWIRComm 35; Mr Geoff Barkla v G4S Custodial Services Pty Ltd [2011] FWAFN 3769; M Lagudi v Club Marconi of Bossley Park Social Recreation and Sporting Centre Limited U2006/3876; Unuafe v Commissioner of Police [2015] NSWIRComm 1007; Sargent v ASL Developments Limited 131 CLR 634; Field v The Returned & Services League (Mount Gambier Sub-Branch & Memorial Club) Inc t/a Mount Gambier Community RSL [2011] FWA 5930. Category: Procedural and other rulings Parties: Phillip Shane Grafton (Applicant) Waverley Council (Respondent) Representation: Mr P S Grafton (self-represented) Mr S Jauncey, Henry David York Lawyers (Respondent) File Number(s): 2016/00121484