Smith v Commissioner of Police [2023] NSWIRComm 1064

Industrial Relations Commission New South Wales Medium Neutral Citation: Smith v Commissioner of Police [2023] NSWIRComm 1064 Hearing dates: 6, 7, 8 February 2023 Date of orders: 04 July 2023 Decision date: 04 July 2023 Jurisdiction: Industrial Relations Commission Before: Commissioner Muir Decision: The parties are directed to finalise short minutes of order which accord with the Reasons for Decision, and which include an order for compensation under s 89(5) of the Industrial Relations Act 1996 in the amount of the remuneration received by the applicant during the 13 weeks immediately prior to her removal from the NSW Police Force. Catchwords: EMPLOYMENT AND INDUSTRIAL LAW — Public sector — Police – Removal review – Onus on applicant to challenge grounds for removal – Removal harsh and unjust – Reinstatement impracticable Legislation Cited: Industrial Relations Act 1996 s 89 Police Act 1990 ss 181D, 181F Cases Cited: Bolton v Commissioner of Police (No 2) [2021] NSWIRComm 1055 Commissioner of Police, New South Wales Police Force v Zisopoulos [2020] NSWCA 236 Tredinnick v Commissioner of Police [2016] NSWIRComm 14 Tredinnick v Commissioner of Police [2016] NSWIRComm 1026 Category: Principal judgment Parties: Ashleigh Smith (Applicant) Commissioner of Police (Respondent) Representation: Counsel: Mr D Nagle (Applicant) Ms P Bindon (Respondent)

Solicitors: Nikolovski Lawyers (Applicant) Kingston Reid (Respondent) File Number(s): 2021/356755 Publication restriction: The names and other identifying details of four members of the public, identified during proceedings because of the applicant's interactions with those persons, are not to be published in reports of the proceedings or reports this decision.