NSW Caselaw
Industrial Relations Commission New South Wales Medium Neutral Citation: Lyne v Commissioner of Police [2021] NSWIRComm 1001 Hearing dates: 7 September 2020 Date of orders: 20 January 2021 Decision date: 20 January 2021 Jurisdiction: Industrial Relations Commission Before: Commissioner Murphy Decision: Application dismissed Catchwords: UNFAIR DISMISSAL – employee resigned – employee purported to withdraw resignation – employer accepted resignation – whether employee had the right to unilaterally withdraw resignation – whether resignation effective – constructive dismissal Legislation Cited: Industrial Relations Act 1996 Police Act 1990 Teaching Services Act 1980 Cases Cited: Allison v Bega Valley Council [1995] 63 IR 68 Birrell v Australian National Airlines Commission (1984) 5 FCR 447 Maher v Department of Corrective Services (NSW) [2006] 151 IR 102 Maher v Department of Corrective Services (NSW) [2005] NSWIRComm 1127 Marcus Lewandowski v NSW Police Force [2009] NSWIRComm 28 Martin v Yeoman Aggregates Ltd [1983] ICR 314 State of New South Wales v Paige (2002) 60 NSWLR 371 Texts Cited: Nil Category: Principal judgment Parties: Fiona Lyne (Applicant)
Commissioner of Police (Respondent) Representation: Counsel: Mr I Chatterjee (Applicant) Mr M Easton (Respondent)
Solicitors: Mr B Trainor, Legal Services, Public Service Association of New South Wales (Applicant) Mr M Watts, Kingston Reid (Respondent) File Number(s): 2020/00178308 Publication restriction: Nil
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