Davidson v Commissioner of Police (No 3) [2022] NSWIRComm 1102

Industrial Relations Commission New South Wales Medium Neutral Citation: Davidson v Commissioner of Police (No 3) [2022] NSWIRComm 1102 Hearing dates: 9 June 2022 Date of orders: 17 November 2022 Decision date: 17 November 2022 Jurisdiction: Industrial Relations Commission Before: Chief Commissioner Constant, Commissioner Sloan and Commissioner Muir Decision: Leave to appeal granted Appeal dismissed Catchwords: APPEALS — From exercise of discretion — Failure to exercise discretion APPEALS — Leave to appeal — Principles governing APPEALS — Leave to appeal — Principles governing — Public importance EMPLOYMENT AND INDUSTRIAL LAW — Industrial Relations Commission — Jurisdiction EMPLOYMENT AND INDUSTRIAL LAW — Industrial Relations Commission — Procedure and powers EMPLOYMENT AND INDUSTRIAL LAW — Industrial Relations Commission — Procedure and powers — Termination — Unfair dismissal Legislation Cited: Industrial Relations Act 1996 (NSW) ss 84, 89, 175, 188 Workplace Injury Management Workers and Workers Compensation Act 1998 (NSW) s 105 Anti-Discrimination Act 1977 (NSW) s 49D Cases Cited: Ceniza v Secretary, Ministry of Health in respect of NSW Health Pathology South [2022] NSWIRComm 1002 Davidson v Commissioner of Police (No. 2) [2022] NSWIRComm 1000 York v Department of Communities (NSW) (2015) 255 IR 1 Margaritte Joanne Colefax v Secretary, Department of Education (No. 3) [2019] NSWIRComm 1000 Category: Principal judgment Parties: Zehra Davidson (appellant) Commissioner of Police (respondent) Representation: Counsel: A Howell (appellant) J Darams (respondent)