Ronald MacDonald v Jetstar Airways Pty Ltd [2019] NSWIRComm 1010

Industrial Relations Commission New South Wales Medium Neutral Citation: Ronald MacDonald v Jetstar Airways Pty Ltd [2019] NSWIRComm 1010 Hearing dates: 4 December 2018 Date of orders: 06 February 2019 Decision date: 06 February 2019 Jurisdiction: Industrial Relations Commission Before: Commissioner Sloan Decision: Order that the proceedings be dismissed Catchwords: EMPLOYMENT AND INDUSTRIAL LAW – workers compensation legislation – application for reinstatement of injured worker – whether worker dismissed due to compensable injury – whether worker had complied with requirement to provide employer with medical certificate when applying for reinstatement – whether worker already reinstated or re-employed – whether reinstatement order can be made – whether order could be retrospective – consideration of discretionary factors Legislation Cited: Fair Work Act 2009 (Cth) s 394 Industrial Relations Act 1996 (NSW) Ch 2 Pt 7 Industrial Relations Further Amendment Act 2006 (NSW) Workers Compensation Act 1987 (NSW) Pt 8, ss 241, 242, 243 Cases Cited: ASMOF (NSW) v CSAHS [2005] NSWIRComm 339 Bindaree Beef Pty Ltd v Riley [2013] NSWCA 305 Cansino v South Western Sydney Area Health Service [1999] NSWIRComm 355; 130 IR 1 Hall v Sherman [2001] NSWSC 810; 40 ACSR 40 Optus Networks Pty Ltd v City of Booroondara [1997] 2 VR 318 Public Service Association and Professional Officers' Association Amalgamated Union of New South Wales (on behalf of Peter Riley) v WorkCover Authority of New South Wales [2006] NSWIRComm 108 Public Service Association and Professional Officers' Association Amalgamated Union of New South Wales v Industrial Relations Secretary on behalf of the Department of Justice [2015] NSWCA 386 Retail Traders Association of NSW v Shop, Distributive & Allied Employees Association of NSW (1990) 36 IR 38 Ronald MacDonald v Jetstar Airways Pty Limited T/A Jetstar [2014] FWC 488 Category: Principal judgment Parties: Ronald MacDonald (Applicant)