Geoffrey Hibbard v Lithgow City Council [2019] NSWIRComm 1020

Industrial Relations Commission New South Wales Medium Neutral Citation: Geoffrey Hibbard v Lithgow City Council [2019] NSWIRComm 1020 Hearing dates: 28 February 2019 Date of orders: 28 February 2019 Decision date: 28 February 2019 Jurisdiction: Industrial Relations Commission Before: Commissioner Sloan Decision: The Application is dismissed Catchwords: EMPLOYMENT AND INDUSTRIAL LAW – Workers Compensation Act – application for reinstatement by injured worker – whether employee dismissed because not fit for employment as a result of the injury – whether application for reinstatement compliant with legislation – review of applicable principles – jurisdiction of Commission not enlivened Legislation Cited: Industrial Relations Act 1996 (NSW) s 84, Ch 2 Pt 7 (rep) Industrial Relations Further Amendment Act 2006 (NSW) Workers Compensation Act 1987 (NSW) ss 4, 11A, Pt 8, ss 240, 241, 242, 243, 244, 248 Workers' Compensation (Dust Diseases) Act 1942 (NSW) Workplace Injury Management and Workers Compensation Act 1998 (NSW) ss 49(1), 74 Cases Cited: Bindaree Beef Pty Ltd v Riley [2013] NSWCA 305; 239 IR 52 Cansino v South Western Sydney Area Health Service [1999] NSWIRComm 355; 130 IR 1 Glenn Robson and GWA Group Limited [2015] NSWIRComm 9 New South Wales Nurses and Midwives Association (on behalf of Jennifer Cox) v Manchester Unity Australia Limited [2015] NSWIRComm 1003 NSW Nurses and Midwives Association (o/b Lenard) v Wesley Community Services Ltd [2016] NSWIRComm 1013 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 Category: Principal judgment Parties: Geoffrey Hibbard (Applicant)