KELLOGG (AUSTRALIA) PTY LTD v PIZANIAS [1989] NSWCA 119

KELLOGG (AUSTRALIA) PTY LTD v PIZANIAS [1989] NSWCA 119

There was sufficient evidence before the trial judge from medical reports and the respondent's willingness to work, and the employer’s refusal to provide suitable employment, for a conclusion that the employer failed to provide suitable employment under s11(2), justifying the award.

Parties
Appellant: Kellogg (Australia) Pty Ltd; Respondent: E Pizanias
Jurisdiction
Australia
Judgment Date
31 October 1989
Procedural Posture
Appeal / Judgment
Outcome
appeal dismissed
Legal Topics
Failure to Provide Suitable Employment, Total and Partial Incapacity, Award Under S11(2)
Workers Compensation Failure to Provide Suitable Employment Total and Partial Incapacity Award Under S11(2)

Case Brief

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Parties

Kellogg (Australia) Pty Ltd

Appellant

E Pizanias

Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether evidence supported award under s11(2) of Workers Compensation Act 1926
  2. 2 Whether there was evidence of failure by employer to provide suitable employment

Ratio Decidendi

There was sufficient evidence before the trial judge from medical reports and the respondent's willingness to work, and the employer’s refusal to provide suitable employment, for a conclusion that the employer failed to provide suitable employment under s11(2), justifying the award.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed with costs