Nath v Commissioner of Police [2024] NSWIRComm 1041

Industrial Relations Commission New South Wales Medium Neutral Citation: Nath v Commissioner of Police [2024] NSWIRComm 1041 Hearing dates: 27, 28 and 29 November 2023, 23 April 2024 Date of orders: 10 July 2024 Decision date: 10 July 2024 Jurisdiction: Industrial Court of NSW Before: Commissioner Sloan Decision: The Application is dismissed Catchwords: EMPLOYMENT AND INDUSTRIAL LAW – Public Sector – Police – review of removal order – whether consideration by Commissioner of Police of applicant's disciplinary history rendered removal unjust or unreasonable – whether removal otherwise harsh, unreasonable or unjust Legislation Cited: Industrial Relations Act 1996 s 84 Police Act 1990 ss 7, 173, 174, 176, Pt 9 Divs 1B and 1C, ss 181D, 181E, 181F Police Regulation 2015 cl 8 Cases Cited: Baker v Commissioner of Police [2015] NSWIRComm 14 Bobin v Commissioner of Police [2019] NSWIRComm 1068 Bradley George Hosemans v Commissioner of Police (2004) 138 IR 159; [2004] NSWIRComm 253 Commissioner of Police v Fordyce [2024] NSWIRComm 1013 Commissioner of Police, New South Wales Police Force v Zisopoulos (2020) 299 IR 314; [2020] NSWCA 236 Flynn v Commissioner of Police [2019] NSWIRComm 1030 Lawrance v Commissioner of Police (2010) 199 IR 139; [2010] NSWIRComm 149 Liszt v Health Secretary in respect of Sydney Local Health District [2020] NSWIRComm 1030 McDairmid v Commissioner of Police [2012] NSWIRComm 100 Michael Flynn v Commissioner of Police [2019] NSWIRComm 1030 Reid‑Frost v Commissioner of Police (No 2) [2010] NSWIRComm 86 Reid‑Frost v Industrial Relations Commission of NSW [2013] NSWCA 161 Storey v Commissioner of the New South Wales Police Force (No 2) [2020] NSWSC 1429 Stuart Boyd Formston v New South Wales Police [2006] NSWIRComm 88 Tredinnick v Commissioner of Police [2016] NSWIRComm 14 Walsh v Commissioner of Police; Cook v Commissioner of Police [2023] NSWIRComm 1090 Industrial Relations Secretary v Fraser (No 2) [2015] NSWIRComm 10 Texts Cited: None Category: Principal judgment Parties: Yogendra Nath (Applicant) Commissioner of Police (Respondent) Representation: Counsel: G Doherty (Applicant) R Coffey (Respondent) Solicitors: Walter Madden Jenkins Solicitors (Applicant) Makinson D'Apice Lawyers (Respondent) File Number(s): 2022/00297843 Publication restriction: 1. Pursuant to section 164A(1)(a) of the Industrial Relations Act 1996 (IR Act), the publication of the name of the members of the public identified in Schedule A to these Orders is prohibited. 2. Pursuant to section 164A(1)(a) of the IR Act, the pseudonyms in Schedule A are to be applied if it is necessary to publish, including in the parties' submissions, any part of the transcript or files of the proceedings which contains either or both of the names in Schedule A. 3. Pursuant to s 164A(1)(b) and (c) of the IR Act, if a third party seeks access to the transcript or files of the proceedings, the parties will be notified by the Industrial Registrar. The parties will have five working days to notify any application to the Commission with respect to the third party's request. 4. Each party is to be provided an opportunity to be heard in respect to any application by a third party for a variation to these orders. Schedule A Member of the public Pseudonym [Name] Young Person A [Name] Young Person B