[2012] FWA 5362
General information, not legal advice.
Fair Work Australia
2012-06-28
Original judgment source is linked above.
(#P29_1682) There is an apparent dispute about the date of the dismissal however it is not presently relevant.
(#P104_8102) Couto v P&O Catering and Services Pty Ltd AIRC Print S5929, 15 May 2000 per Larkin C.
(#P109_8711) [2010] FWAFB 6473, 13 September 2010 per Hamberger SDP, Hamilton DP and Simpson C.
(#P123_10585) Reference was made by Mr Dean to the Ilardo matters and to the Explanatory Memorandum cited by the Full Bench in that appeal.
(#P124_11135) The applicant referred to Grey v Pearson (1857) 6 HLC 51 and Footscray City College v Ruzicka [2007] VSCA 136 as being illustrative of the application of the so called "golden rule".
(#P135_12221) Self-insurers are subject to s.58B, and the WorkCover Corporation's role in that regard, in the same manner as other employers.
(#P146_14860) The SA Workers Compensation Tribunal has an extensive jurisdiction to deal with entitlements and claims made under the Act. See Part 6 and Part 6A of the WRC Act.
(#P151_15429) As a result of s.26 and s.27 of the FW Act.
(#P158_16224) See also Du v University of Ballarat [2011] FWAFB 5225, 9 August 2011 per Acton SDP, Hamilton DP and McKenna C.
(#P159_16384) [2010] FWA 3892.
(#P201_22542) See Boyce v Owen [2000] NTCA 7.
(#P202_22829) There are many other examples of similar statutory complaints processes of this kind including those applying under State equal opportunity and anti discrimination laws.
Printed by authority of the Commonwealth Government Printer
Monir Mottaghi
Adelaide Community Healthcare Alliance Incorporated T/A The Memorial Hospital [2012] FWA 5362