Lyne v Commissioner of Police [2022] NSWIRComm 1023

Industrial Relations Commission New South Wales Medium Neutral Citation: Lyne v Commissioner of Police [2022] NSWIRComm 1023 Hearing dates: 6 September 2021 Date of orders: 5 April 2022 Decision date: 05 April 2022 Jurisdiction: Industrial Relations Commission Before: Chief Commissioner Constant, Commissioner Sloan, Commissioner Webster Decision: (1) Leave to appeal is granted. (2) The appeal is dismissed. Catchwords: EMPLOYMENT AND INDUSTRIAL LAW – Industrial Relations Commission – Appeals – employee resigned – employee purported to withdraw resignation – employer accepted resignation – whether employee had the right to unilaterally withdraw resignation – whether resignation effective – whether employee repudiated contract of employment – whether repudiation of contract of employment was accepted Legislation Cited: Industrial Relations Act 1996 (NSW) ss 84, 187, 188 Interpretation Act 1987 (NSW) ss 33, 35 Police Act 1990 (NSW) ss 72, 94C Teaching Services Act 1980 (NSW) s 78 Cases Cited: Birrell v Australian National Airlines Commission (1984) 5 FCR 447 Certain Lloyd's Underwriters v Cross (2012) 248 CLR 378 CIC Insurance Ltd v Bankstown Football Club Ltd (1997) 187 CLR 384 Lewandowski v NSW Police Force [2009] NSWIRComm 28 Lyne v Commissioner of Police [2021] NSWIRComm 1001 Public Service Association and Professional Officers' Association Amalgamated Union of New South Wales v Roads and Maritime Services [2015] NSWIRComm 16 State of New South Wales v Paige (2002) 60 NSWLR 371 Category: Principal judgment Parties: Fiona Lyne (applicant) Commissioner of Police (respondent) Representation: Counsel: I Chatterjee (applicant)