Lyndon v Commissioner of Police [2021] NSWIRComm 1086

Industrial Relations Commission New South Wales Medium Neutral Citation: Lyndon v Commissioner of Police [2021] NSWIRComm 1086 Hearing dates: 3 November 2021 Date of orders: 10 November 2021 Decision date: 10 November 2021 Jurisdiction: Industrial Relations Commission Before: Commissioner Webster Decision: Application dismissed Catchwords: PUBLIC SECTOR DISCIPLINARY APPEAL – decision to defer an incremental increase - whether an appealable decision – proper characterisation of deferment – whether such a decision is a disciplinary decision – out of time – no discretion to extend time -whether notice is required to be in writing – whether an email is notification in writing – whether consent to receive an email as written notification can be implied by conduct Legislation Cited: Electronic Transactions Act 2000 (NSW) ss 5, 8 Government Sector Employment Act 2013 (NSW) s 69 Government Sector Employment (NSW Police Force) Rules 2017 r 36 Industrial Relations Act 1996 (NSW), ss 91, 97, 100A, 100B(1), Police Act 1990 (NSW) ss 81F, 173 Cases Cited: Beavan v Industrial Relations Secretary [2016] NSWIC 1 Francois v Industrial Relations Secretary (Department of Corrective Services) [2019] NSWIRComm 1058 Police Association of New South Wales v State of New South Wales [2020] NSWCA 3 Public Service Association and Professional Officers Association Amalgamated Union of New South Wales v Industrial Relations Secretary [2017] NSWIRComm 1075 Singh v Legal Aid New South Wales [2014] NSWIRComm 1016 Texts Cited: The Macquarie Online Dictionary Category: Procedural rulings Parties: Felicity Lyndon (appellant) Commissioner of Police (respondent) Representation: Representatives: