Smith v Commissioner of Police (No 2) [2024] NSWIRComm 1003

Industrial Relations Commission New South Wales Medium Neutral Citation: Smith v Commissioner of Police (No 2) [2024] NSWIRComm 1003 Hearing dates: 14 November 2023 Date of orders: 24 January 2024 Decision date: 24 January 2024 Jurisdiction: Industrial Relations Commission Before: Commissioner Sloan, Commissioner Webster and Commissioner O'Sullivan Decision: Leave to appeal is refused Catchwords: EMPLOYMENT AND INDUSTRIAL LAW – Industrial Relations Commission – Appeals – whether Commissioner erred in deciding not to award reinstatement or re-employment of applicant – whether Commissioner provided adequate reasons for his decision – whether matters arising on appeal warranted the grant of leave to appeal Legislation Cited: Civil Procedure Act 2005 s 56 Industrial Relations Act 1996 Pt 6 Ch 2, ss 84, 89, 188, 189 Police Act 1990 Pt 9 Div 1C, ss 181D, 181E, 181F, 181G Cases Cited: Burge v NSW BHP Steel Pty Ltd (2001) 105 IR 325; [2001] NSWIRComm 117 Charles v Northern New South Wales Local Health District [2016] NSWIRComm 8 Dumas v Industrial Relations Secretary [2019] NSWIRComm 1071 Hosemans v Commissioner of Police (No 4) [2005] NSWIRComm 409; (2005) 150 IR 263 Public Service Association and Professional Officers' Association Amalgamated Union of New South Wales v Roads and Maritime Services [2015] NSWIRComm 16 Redmond v Director General, NSW Department of Health, on behalf of the Ambulance Service of New South Wales [2012] NSWIRComm 147 Secretary of the Ministry of Health v The New South Wales Nurses and Midwives' Association (2022) 320 IR 249; [2022] NSWSC 1178 Smith v Commissioner of Police [2023] NSWIRComm 1064 Wattie v Industrial Relations Secretary on behalf of the Secretary of the Department of Justice (No 2) [2018] NSWCA 124 Texts Cited: Nil Category: Principal judgment Parties: Ashleigh Smith (Appellant) Commissioner of Police (Respondent) Representation: Counsel: Mr D Nagle (Appellant) Ms P Bindon (Respondent) Solicitors: Nikolovski Lawyers (Appellant) Kingston Reid (Respondent) File Number(s): 2023/00237516 Publication restriction: No Decision under appeal Court or tribunal: Industrial Relations Commission of New South Wales Citation: Smith v Commissioner of Police [2023] NSWIRComm 1064 Date of Decision: 4 July 2023 Before: Commissioner Muir File Number(s): 2021/00356755