Lezaja v Commissioner of Police [2023] NSWIRComm 1017

Industrial Relations Commission New South Wales Medium Neutral Citation: Lezaja v Commissioner of Police [2023] NSWIRComm 1017 Hearing dates: 6 March 2023 Date of orders: 6 March 2023 Decision date: 07 March 2023 Jurisdiction: Industrial Relations Commission Before: Commissioner Sloan, Commissioner Webster and Commissioner Muir Decision: Leave to appeal is refused Catchwords: EMPLOYMENT AND INDUSTRIAL LAW – Industrial Relations Commission – Appeals – appeal from decision dismissing an application for review under s 174 of the Police Act 1990 – whether leave to appeal ought to be granted – whether Commissioner erred in finding that Commission had no jurisdiction to determine the matter – whether Commissioner failed to consider and assess a relevant matter Legislation Cited: Industrial Relations Act 1996 ss 130, 187, 188, Ch 2 Pt 7 Police Act 1990 ss 173, 174, 181D, Sch 1 Cases Cited: Chircop v Commissioner of Police; Lezaja v Commissioner of Police [2022] NSWIRComm 1089 Fraser v Commissioner of Fire and Rescue NSW [2022] NSWIRComm 1026 Texts Cited: Nil Category: Principal judgment Parties: Bojan Lezaja (Appellant) Commissioner of Police (Respondent) Representation: Bojan Lezaja (Self-represented) M Watts of Counsel (Respondent) McCullough Robertson (Respondent) File Number(s): 2022/00337404 Publication restriction: No Decision under appeal Court or tribunal: Industrial Relations Commission of New South Wales Citation: [2022] NSWIRComm 1089 Date of Decision: 21 October 2022 Before: Commissioner Murphy File Number(s): 2021/00275096 and 2021/00275237