Police Association of New South Wales (obo Tomlinson) v Commissioner of Police [2023] NSWIRComm 1053

Industrial Relations Commission New South Wales Medium Neutral Citation: Police Association of New South Wales (obo Tomlinson) v Commissioner of Police [2023] NSWIRComm 1053 Hearing dates: 2 June 2023 Date of orders: 2 June 2023 Decision date: 05 June 2023 Jurisdiction: Industrial Relations Commission Before: Commissioner Sloan Decision: The Application is dismissed on the basis of having been brought out of time. Catchwords: EMPLOYMENT AND INDUSTRIAL LAW – Public sector – Police – Victimisation application – allegation of victimisation for having claimed a benefit to which the employee was entitled under award – whether application filed out of time – whether, if so, the Commission should accept the application out of time Legislation Cited: Industrial Relations Act 1996 Ch 5 Pt 1, ss 210, 213 Cases Cited: Brisbane South Regional Health Authority v Taylor (1996) 139 ALR 1 Hurrell v Queensland Cotton Corporation Limited (2003) 125 IR 145; [2003] NSWIRComm 139 Kininmont v Ku-ring-gai Council [2019] NSWIRComm 1029 Public Service Association of NSW (o/b Morawsky) v Department of Justice [2017] NSWIRComm 1059 Skelly v Prouds Jewellers Pty Limited (1994) 53 IR 3 Texts Cited: Nil Category: Procedural rulings Parties: Police Association of New South Wales (Applicant) Commissioner of Police (Respondent) Representation: Counsel: A Guy (Applicant) M Watts (Respondent) Solicitors: Police Association of New South Wales (Applicant) Kingston Reid (Respondent) File Number(s): 2023/00080090 Publication restriction: No