Dowling -V- CardCall Pty Ltd [2005] NSWIRComm 1137

Dowling -V- CardCall Pty Ltd [2005] NSWIRComm 1137

The evidence indicated elevated concentrations of toxic solvents, Cyclohexanone and Isophorone, in plastic promotional flags used and distributed by CardCall, and CardCall managers gave evidence that no advice had been issued to employees or customers about potential hazards. In the interests of the health and safety of employees and customers, the Commission ordered CardCall to take all reasonable action to address the concern, including notifying Workcover New South Wales and warning employees and customers about precautions pending safe handling protocols.

Jurisdiction
Australia
Judgment Date
25 August 2005
Procedural Posture
Application by S Dowling Re Unfair Dismissal Pursuant to Section 84 of the Industrial Relations Act 1996 / Part Heard; Statement and Interim Orders
Outcome
Interim orders made requiring CardCall to take reasonable action to address health and safety concerns arising from elevated solvent concentrations in plastic promotional flags.
Legal Topics
['unfair Dismissal' 'termination of Employment' 'interim Orders' 'workplace Health and Safety' 'chemical Exposure From Promotional Flags']
['industrial Relations' 'employment Law' 'occupational Health and Safety'] ['unfair Dismissal' 'termination of Employment' 'interim Orders' 'workplace Health and Safety' 'chemical Exposure From Promotional Flags']

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Procedural Posture

Application by S Dowling Re Unfair Dismissal Pursuant to Section 84 of the Industrial Relations Act 1996 / Part Heard; Statement and Interim Orders

Legal Issues

  1. 1 ['Whether interim orders should be made during a part-heard unfair dismissal claim to address health and safety concerns arising from elevated concentrations of solvents in plastic promotional flags used and distributed by the respondent employer.' 'Whether CardCall should notify Workcover New South Wales and communicate handling precautions to employees and customers pending conclusive safe handling protocols.']

Ratio Decidendi

The evidence indicated elevated concentrations of toxic solvents, Cyclohexanone and Isophorone, in plastic promotional flags used and distributed by CardCall, and CardCall managers gave evidence that no advice had been issued to employees or customers about potential hazards. In the interests of the health and safety of employees and customers, the Commission ordered CardCall to take all reasonable action to address the concern, including notifying Workcover New South Wales and warning employees and customers about precautions pending safe handling protocols.

Court Disposition

Interim orders made requiring CardCall to take reasonable action to address health and safety concerns arising from elevated solvent concentrations in plastic promotional flags.

Orders

  • ['The Commission Orders, pursuant to sections 89(8) and 162(2)(i) of the Industrial Relations Act 1996 [NSW], that CardCall take all reasonable action to properly address the health and safety concern presented by elevated concentrations of solvents in plastic promotional flags used and distributed by CardCall. Such...