NSW Caselaw
Industrial Relations Commission New South Wales Medium Neutral Citation: Simmonds v Commissioner of Police [2024] NSWIRComm 1040 Hearing dates: 1 and 2 November 2023, 14 and 20 December 2023 Date of orders: 5 July 2024 Decision date: 05 July 2024 Jurisdiction: Industrial Relations Commission Before: Commissioner O'Sullivan Decision: Application dismissed Catchwords: EMPLOYMENT AND INDUSTRIAL LAW — Removal of police officer — Application for review pursuant to s 181E of Police Act 1990 (NSW) — Failure of applicant to comply with direction regarding COVID-19 vaccination — Application dismissed Legislation Cited: Police Act 1990 (NSW) Cases Cited: B, C and D v Australia Postal Corporation T/A Australia Post [2013] FWCFB 6191 Bradley George Hosemans v Commissioner of Police [2004] NSWIRComm 253 Burge v BHP Steel Pty Ltd [2001] NSWIRComm 117; (2001) 105 IR 325 Chrystal v Commissioner of Police, NSW Police (No 2) 2023 NSWIRComm 1108 Commissioner of Police, New South Wales Police Force and Zisopoulos [2020] NSWCA 236; 299 IR 314 Pace v Commissioner of Police [2020] NSWIRComm 1005 RHG Mortgage Ltd v Ianni [2015] NSWCA 56 Stuart Boyd Formston v New South Wales Police [2006] NSWIRComm 88 Texts Cited: NIL Category: Principal judgment Parties: Luke Andrew Simmonds (Applicant)
Commissioner of Police, NSW Police Force (respondent) Representation: Counsel:
T Wong (applicant)
M Seck (respondent)
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