Townsend v Commissioner of Police [2023] NSWIRComm 1020

Industrial Relations Commission New South Wales Medium Neutral Citation: Townsend v Commissioner of Police [2023] NSWIRComm 1020 Hearing dates: 3 and 4 August 2022 Date of orders: 14 March 2023 Decision date: 14 March 2023 Jurisdiction: Industrial Relations Commission Before: Commissioner Muir Decision: The application is dismissed. Catchwords: EMPLOYMENT AND INDUSTRIAL LAW — Termination — Statutory rights — Unfair dismissal – Vaccination – Lawful and Reasonable Direction – Misconduct Legislation Cited: Work Health and Safety Act 2011 Police Act 1990 Industrial Relations Act 1996 Cases Cited: Nekho v Rentokil Initial Pty Ltd [2022] FWC 1632 Tween v Qantas Airways Ltd [2022] FWC 1594 Ramadas v Industrial Relations Secretary on behalf of Legal Aid Commission of New South Wales [2019] NSWIRComm 1075 CFMMEU & ANOR V Mt Arthur Coal Pty Ltd t/a Mt Arthur Coal [2021] FWCFB 6059 Cromie v Health Secretary in respect of the Illawarra Shoalhaven Local Health District [2022] NSWIRComm 1064 Category: Principal judgment Parties: Storm Townsend (Applicant) Commissioner of Police (Respondent) Representation: Mr D Townsend (Applicant)

Counsel: Mr M Watts (Respondent)

Solicitors: Kingston Reid (Respondent) File Number(s): 2022/86295 Publication restriction: Nil

decision 1. The applicant was employed by the respondent in a civilian capacity. She worked for the respondent from June 2017, initially on a series of temporary contracts. She was employed on an ongoing basis from August 2019 until she was dismissed on 11 March 2022. 2. In very short summary, the applicant was dismissed because she did not comply with the respondent's requirement that she be vaccinated against COVID-19. 3. The respondent described the dismissal as being for misconduct, in not complying with a lawful and reasonable direction.