Commissioner of Police v Danger [2022] NSWIRComm 1085

Industrial Relations Commission New South Wales Medium Neutral Citation: Commissioner of Police v Danger [2022] NSWIRComm 1085 Hearing dates: 8 June 2022 Date of orders: 11 October 2022 Decision date: 11 October 2022 Jurisdiction: Industrial Relations Commission Before: Commissioner Sloan, Commissioner Muir and Commissioner O'Sullivan Decision: The Full Bench orders as follows: (1) Leave to appeal is granted. (2) The appeal is upheld. (3) The order of Commissioner Murphy in Danger v Commissioner of Police [2022] NSWIRComm 1015 is quashed. (4) The Application for Relief in relation to Unfair Dismissal filed by Ms Danger on 8 November 2021 is dismissed. Catchwords: EMPLOYMENT AND INDUSTRIAL LAW – Industrial Relations Commission – Appeals – whether finding that employer was the real and effective initiator of the termination of the employee's employment was in error Legislation Cited: Industrial Relations Act 1996 ss 84, 188, 191 Cases Cited: Abboud v NSW Department of Education (1999) 92 IR 32 Allison v Bega Valley Council (1995) 63 IR 68 Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia & Anor v Sunset Power International Pty Ltd trading as Delta Electricity [2018] NSWIRComm 1072 Danger v Commissioner of Police [2022] NSWIRComm 1015 Hosemans v Commissioner of Police (No 4) (2005) 150 IR 263; [2005] NSWIRComm 409 Humphries v Cootamundra Ex-Services and Citizens Memorial Club Limited (2003) 128 IR 37; [2003] NSWIRComm 211 Industrial Relations Secretary v Wattie [2017] NSWIRComm 1007 Minister for Immigration and Border Protection v SZVFW & Ors [2018] HCA 30 Pawel v Australian Industrial Relations Commission (1999) 94 FCR 231; (1999) 97 IR 392 Public Service Association and Professional Officers' Association Amalgamated Union of New South Wales v Roads and Maritime Services [2015] NSWIRComm 16 Rheinberger v Huxley Marketing Pty Ltd (1996) 67 IR 154 Texts Cited: Nil Category: Principal judgment Parties: Commissioner of Police (Appellant) Moana Danger (Respondent) Representation: Moana Danger (self-represented) M Seck of Counsel (Appellant) Kingston Reid (Appellant) File Number(s): 2022/00083391 Publication restriction: No Decision under appeal Court or tribunal: Industrial Relations Commission of New South Wales Citation: [2022] NSWIRComm 1015 Date of Decision: 10 March 2022 Before: Commissioner Murphy File Number(s): 2021/00326937