Davidson v Commissioner of Police (No. 2) [2022] NSWIRComm 1000

Industrial Relations Commission New South Wales Medium Neutral Citation: Davidson v Commissioner of Police (No. 2) [2022] NSWIRComm 1000 Hearing dates: 4 November 2021 Date of orders: 11 January 2022 Decision date: 11 January 2022 Jurisdiction: Industrial Relations Commission Before: Commissioner Murphy Decision: Application dismissed Catchwords: UNFAIR DISMISSAL – medical retirement pursuant to s 94B of the Police Act – applicant capable of performing part-time work for five hours per day three days per week – reasonable adjustments – whether it is practicable for the Commissioner of Police to employ the applicant on a part-time basis ongoing Legislation Cited: Anti-Discrimination Act 1977 Industrial Relations Act 1996 Personal Injury Commission Act 2020. Police Act 1990 Workers Compensation Act 1987 Workplace Injury Management and Workers Compensation Act 1998 Cases Cited: Cansino v South Western Sydney Area Health Service (1998) 130 IR 1 Colefax v Secretary, Department of Education [2018] NSWIRComm 1033 Texts Cited: "Consensus Statement on the Health Benefits of Good Work" by the Royal Australasian College of Physicians. "Guidance Note for Best Practice Rehabilitation Management of Occupational Injuries and Diseases [NOHSC:3021(1995)]" which has been adopted by the National Occupational Health and Safety Commission. "Guidelines for workplace return to work programs" by the State Insurance Regulatory Authority. "Workers compensation guidelines" by the State Insurance Regulatory Authority. "Reasonable Adjustments" by Comcare. Category: Principal judgment Parties: Zehra Davidson (Applicant) Commissioner of Police (Respondent) Representation: Mr A Wright, Industrial Officer, Public Service Association (Applicant) Ms L Shanahan, Solicitor, Kingston Reid (Respondent) File Number(s): 2021/00234480 Publication restriction: Nil