NSW Caselaw
Industrial Relations Commission New South Wales Medium Neutral Citation: Mounce-Stephens v Commissioner of Police [2022] NSWIRComm 1008 Hearing dates: 8, 9 and 10 November 2021 Date of orders: 25 February 2022 Decision date: 25 February 2022 Jurisdiction: Industrial Relations Commission Before: Commissioner Murphy Decision: Application dismissed Catchwords: POLICE – removal of police officer – review of removal order – allegations of sexual harassment of fellow police officer – removal not harsh, unreasonable or unjust – application dismissed Legislation Cited: Anti-Discrimination Act 1977 (NSW) Industrial Relations Act 1996 (NSW) Police Act 1990 (NSW) Sex Discrimination Act 1986 (Cth) Work Health and Safety Act 2011 (NSW) Cases Cited: Briginshaw v Briginshaw (1938) 60 CLR 336 Cassel v Commissioner of Police [2003] NSWIRComm 73 Guru v Commissioner of Police [2019] NSWIRComm 1080 Hughes trading as Beesley and Hughes Lawyers v Hill [2020] FCAFC 126; 382 ALR 231 Vitality Works Australia Pty Ltd v Yelda (No 2) [2021] NSWCA 147 Texts Cited: NSW Police Force Code of Conduct and Ethics Respectful Workplace Behaviours Policy Statement Respectful Workplace Behaviours Guidelines. Category: Principal judgment Parties: Phillip Mounce-Stephens (Applicant) Commissioner of Police (Respondent) Representation: Counsel: Ms P Lowson (Applicant) Mr J Darams (Respondent)
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