Regan v Commissioner of Police [2023] NSWIRComm 1019

Industrial Relations Commission New South Wales Medium Neutral Citation: Regan v Commissioner of Police [2023] NSWIRComm 1019 Hearing dates: 8 December 2022 Date of orders: 10 March 2023 Decision date: 10 March 2023 Jurisdiction: Industrial Relations Commission Before: Commissioner O'Sullivan Decision: The application is dismissed Catchwords: EMPLOYMENT AND INDUSTRIAL LAW – Termination – Unfair dismissal – medical retirement – whether dismissal harsh, unreasonable or unjust Legislation Cited: Industrial Relations Act 1996 (NSW) Police Act 1990 (NSW) Cases Cited: Byrne v Australian Airlines Ltd [1995] HCA 24; (1995) 185 CLR 410 at 465 Commissioner of Police v Cottle [2022] HCA 7 Burge v NSW BHP steel Pty Ltd [2001] NSWIRComm 117 Western Suburbs District Ambulance Committee v Tipping [1957] AR (NSW) 273. Clarke v Health Secretary (Justice Health and Forensic Mental Health Services) [20021] NSWIRComm 1022 Texts Cited: NIL Category: Principal judgment Parties: James Charles Regan (applicant)

Commissioner of Police (respondent) Representation: Self represented (applicant)

Counsel:

J Darams (respondent)

Solicitors:

Kingston Reid (respondent) File Number(s): 2016/00332440 Publication restriction: NIL

decision 1. The applicant was a serving police officer with the New South Wales Police Force (the "Force") who on 6 October 2016, was medically retired (the "Removal") pursuant to s 72A of the Police Act 1990 (NSW) as it then was (the "Police Act"). 2. On 7 November 2016 the applicant filed an unfair dismissal application pursuant to s 84 Industrial Relations Act 1996 (NSW) (the "IR Act") (the "Application"), seeking the remedy of reinstatement. 3. The hearing of the Application has taken some time due to various reasons, which include waiting on the outcome of the decision of the High Court in NSW Commissioner of Police v Cottle [2022] HCA 7. 4. For the reasons set out below, I have decided to dismiss the Application.