Supreme Court - Trial Division

Haylett v Hail Creek Coal Pty Ltd [2014] QSC 176 (14/BS970) Philip McMurdo J 7 August 2014

Full-text: QSC14-176.pdf


EMPLOYMENT LAW – EFFECT OF INDUSTRIAL AWARDS, AGREEMENT, LEGISLATION ON EMPLOYMENT CONTRACT – where the applicant suffered a neck injury in his role as a bulldozer operator - where the applicant returned to work in a different role as a drill rig operator – where the applicant underwent a medical assessment under the coal mine workers’ health scheme prescribed by the Coal Mining Safety and Health Regulation 2001 (Qld) – where the medical advisor determined the applicant was unfit to undertake his current role because of a foreseeable risk of future injury – whether the medical advisor erred by considering fitness for employment based on a future risk – whether the medical advisor was restricted to considering fitness for employment based on ability to undertake current role.