Patterson v Newcrest Mining Limited [1996] IRCA 299

Patterson v Newcrest Mining Limited [1996] IRCA 299

Reinstatement was impracticable because the evidence accepted by the primary judge showed that the appellant faced a real, and on the medical evidence very high, risk of further injury if returned to his previous position, and counsel accepted that no other position was available with the respondent to which it would be practicable to appoint him. The primary judge therefore properly declined reinstatement and the appeal was dismissed.

Jurisdiction
Australia
Judgment Date
06 June 1996
Procedural Posture
Unlawful Termination Claim / Appeal Against Refusal to Order Reinstatement
Outcome
Appeal dismissed.
Legal Topics
['termination of Employment' 'unlawful Termination' 'reinstatement' 'impracticability of Reinstatement' 'risk of Injury' 'remedies']
['industrial Law' 'employment Law'] ['termination of Employment' 'unlawful Termination' 'reinstatement' 'impracticability of Reinstatement' 'risk of Injury' 'remedies']

Case Brief

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Procedural Posture

Unlawful Termination Claim / Appeal Against Refusal to Order Reinstatement

Legal Issues

  1. 1 ['Whether the primary judge erred in declining to order reinstatement under s. 170EE(1) of the Industrial Relations Act 1988.' 'Whether reinstatement was impracticable where the appellant faced a real risk of injury if returned to his former position and no other position was available with the respondent.' 'Whether the January 1996 amendments to s. 170EE had to be applied on the appeal.']

Ratio Decidendi

Reinstatement was impracticable because the evidence accepted by the primary judge showed that the appellant faced a real, and on the medical evidence very high, risk of further injury if returned to his previous position, and counsel accepted that no other position was available with the respondent to which it would be practicable to appoint him. The primary judge therefore properly declined reinstatement and the appeal was dismissed.

Court Disposition

Appeal dismissed.

Orders

  • ['The appeal be dismissed.']