Police Association of New South Wales v Commissioner of Police [2023] NSWIRComm 1001

Industrial Relations Commission New South Wales Medium Neutral Citation: Police Association of New South Wales v Commissioner of Police [2023] NSWIRComm 1001 Hearing dates: 6 & 7 June 2022 Date of orders: 8 June 2022 Decision date: 13 January 2023 Jurisdiction: Industrial Relations Commission Before: Commissioner Murphy Decision: Order and recommendations made Catchwords: INDUSTRIAL DISPUTE – threatened unfair dismissal – proposed medical retirement of police officer – medical evidence – whether unfitness or incapacity appears likely to be of a permanent nature – injury management policies and procedures – recover at work processes Legislation Cited: Industrial Relations Act 1996 Crimes Act 1900 Police Act 1990 Workers Compensation Act 1987 Workplace Injury Management and Workers Compensation Act 1998 Cases Cited: Australian Services Union and Sydney Water Corporation [2005] NSWIRComm 156 Davidson v Commissioner of Police (No. 2) [2022] NSWIRComm 1000 Davidson v Commissioner of Police (No 3) [2022] NSWIRComm 1102 NSW Commissioner of Police v Cottle [2022] HCA 7 Qantas Airways Limited v Australian Licensed Aircraft Engineers Association (No 2) [2020] FCA 951 Texts Cited: Nil Category: Principal judgment Parties: Police Association of New South Wales (Notifier) Commissioner of Police (Respondent) Representation: Counsel: Mr A Slevin (Notifier) Mr M Watts (Respondent) Solicitors: Mr D Longhurst, Police Association of New South Wales (Notifier) Ms M Cogar, Makinson d'Apice Lawyers (Respondent) File Number(s): 2022/0075517 Publication restriction: Nil