Transport Workers' Union Of New South Wales (On Behalf Of Thomas Lawson) And Lindsay Australia Limited [2008] NSWIRComm 134

Transport Workers' Union Of New South Wales (On Behalf Of Thomas Lawson) And Lindsay Australia Limited [2008] NSWIRComm 134

The Notice to Produce was set aside because it was unacceptably wide and the medical certificates sought from other employees had no apparent relevance to whether Lindsay Australia Limited did or did not have available employment of the kind to which Mr Lawson sought reinstatement; any possible comparison would require specific evidence about comparable restrictions, qualifications, skills, experience and expertise.

Jurisdiction
Australia
Judgment Date
10 July 2008
Procedural Posture
Application for Reinstatement of an Injured Employee Pursuant to S242 of the Workers' Compensation Act 1987 / Urgent Determination of Respondent's Notice of Motion Seeking to Set Aside the Applicant's Notice to Produce Before the Listed Reinstatement Hearing
Outcome
Notice to Produce set aside.
Legal Topics
['reinstatement of Injured Employee' 'notice to Produce' 'relevance of Documents' 'oppressive Production Requests' 'suitable Duties']
['industrial Relations' 'workers Compensation' 'civil Procedure'] ['reinstatement of Injured Employee' 'notice to Produce' 'relevance of Documents' 'oppressive Production Requests' 'suitable Duties']

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Procedural Posture

Application for Reinstatement of an Injured Employee Pursuant to S242 of the Workers' Compensation Act 1987 / Urgent Determination of Respondent's Notice of Motion Seeking to Set Aside the Applicant's Notice to Produce Before the Listed Reinstatement Hearing

Legal Issues

  1. 1 ['Whether the Notice to Produce requiring production of medical certificates for employees who sustained work injuries and performed truck driving duties should be set aside.' "Whether the documents sought had apparent relevance to the identified issue under s243(3) of the Workers' Compensation Act 1987 concerning available employment for Mr Lawson." 'Whether the Notice to Produce was framed in unacceptably wide terms.']

Ratio Decidendi

The Notice to Produce was set aside because it was unacceptably wide and the medical certificates sought from other employees had no apparent relevance to whether Lindsay Australia Limited did or did not have available employment of the kind to which Mr Lawson sought reinstatement; any possible comparison would require specific evidence about comparable restrictions, qualifications, skills, experience and expertise.

Court Disposition

Notice to Produce set aside.

Orders

  • ['The Notice to Produce is set aside.']