Dizon v Katoomba Scenic Skyway Pty Ltd [2021] NSWIRComm 1028

Dizon v Katoomba Scenic Skyway Pty Ltd [2021] NSWIRComm 1028

The application was filed 113 days outside the two year time limit imposed by s 242 of the Workers Compensation Act 1987, and there was no evidence satisfying the requirement of special circumstances under s 242(3). The Commission was therefore unable to accept the application out of time. In any event, the evidence established that the applicant was terminated as a consequence of a genuine restructure of the area in which he worked, not as a result of a work-related injury.

Jurisdiction
Australia
Judgment Date
22 March 2021
Procedural Posture
Application for Reinstatement Under S 242 of the Workers Compensation Act 1987 / Ex Tempore Decision
Outcome
Application dismissed
Legal Topics
['injured Worker Reinstatement' 'out of Time Application' 'special Circumstances' 'genuine Redundancy' 'workplace Restructure']
['industrial Relations' 'workers Compensation' 'employment Law'] ['injured Worker Reinstatement' 'out of Time Application' 'special Circumstances' 'genuine Redundancy' 'workplace Restructure']

Case Brief

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Procedural Posture

Application for Reinstatement Under S 242 of the Workers Compensation Act 1987 / Ex Tempore Decision

Legal Issues

  1. 1 ['Whether the Commission could accept an application for reinstatement filed 113 days outside the two year time limit under s 242 of the Workers Compensation Act 1987.' "Whether the applicant's employment was terminated as a result of a work-related injury or as a consequence of a genuine redundancy arising from a restructure of the stores area."]

Ratio Decidendi

The application was filed 113 days outside the two year time limit imposed by s 242 of the Workers Compensation Act 1987, and there was no evidence satisfying the requirement of special circumstances under s 242(3). The Commission was therefore unable to accept the application out of time. In any event, the evidence established that the applicant was terminated as a consequence of a genuine restructure of the area in which he worked, not as a result of a work-related injury.

Court Disposition

Application dismissed

Orders

  • ['Application dismissed']