Duncan v Commissioner of Police [2021] NSWIRComm 1052

Industrial Relations Commission New South Wales Medium Neutral Citation: Duncan v Commissioner of Police [2021] NSWIRComm 1052 Hearing dates: 22 September 2020 Date of orders: 7 July 2021 Decision date: 07 July 2021 Jurisdiction: Industrial Relations Commission Before: Commissioner Stanton, Commissioner Murphy and Commissioner Sloan Decision: Leave to appeal refused Catchwords: POLICE – appeal from dismissal of application for review – reviewable action – misconduct – reduction in increment and removal to different unit – principles to apply on application for leave to appeal and appeal – whether appellant has failed to mount an arguable case pointing to appellable error Legislation Cited: Police Act 1990 s 173 Cases Cited: Bossak v Health Secretary in respect of Murrumbidgee Local Health District [2020] NSWIRComm 1009 Fire Brigade Employees' Union of NSW (o/b Challinor) v Fire and Rescue NSW [2016] NSWIRComm 1050 McDiarmid v Commissioner of Police [2012] NSWIRComm 100 Pillai v Messiter (No 2) (1989) 16 NSWLR 197 Texts Cited: Nil Category: Principal judgment Parties: Robert Duncan (Appellant) Commissioner of Police (Respondent) Representation: Counsel: Mr M Gibian (Appellant) Mr M Seck (Respondent)

Solicitors: Mr M Treharne, Walter Madden Jenkins Solicitors (Appellant) Mr M Watts, Kingston Reid (Respondent) File Number(s): 2020/00083328 Publication restriction: Nil Decision under appeal Court or tribunal: Industrial Relations Commission of New South Wales Citation: [2020] NSWIRComm 1011 Date of Decision: 24 February 2020 Before: Commissioner Webster File Number(s): 2019/00094279