Luke Simmonds v Commissioner of Police, NSW Police Force [2024] NSWIRComm 22

Industrial Relations Commission New South Wales Medium Neutral Citation: Luke Simmonds v Commissioner of Police, NSW Police Force [2024] NSWIRComm 22 Hearing dates: 5 December 2024 Date of orders: 19 December 2024 Decision date: 19 December 2024 Jurisdiction: Industrial Relations Commission Before: Taylor J, President Chin J, Vice President Paingakulam J, Deputy President Decision: (1) Leave to appeal is refused. (2) The application is dismissed. Catchwords: APPEALS — Leave to appeal — Principles governing — Public interest — Whether it was open to the original decision-maker to make central findings of fact EMPLOYMENT AND INDUSTRIAL LAW —Termination — Statutory rights — Unfair dismissal — Whether police officer was temporarily exempted from a direction to members of the New South Wales Police Force to be vaccinated against COVID-19 — Whether refusal to comply with a direction was deliberate — Whether police officer had an alternative basis to not be vaccinated due to medical contraindication certificate — Delay in unfair dismissal or police removal matters Legislation Cited: Industrial Relations Act 1996 (NSW), s 188, 191 Police Act 1990 (NSW), ss 181D, 181E, 181F Cases Cited: Antonakopoulos v State Bank of New South Wales (1999) 91 IR 385 Hosemans v Commissioner of Police (No 4) (2005) 150 IR 263; [2005] NSWIRComm 409 Humphries v Cootamundra Ex-services and Citizens Memorial Club Ltd (2003) 128 IR 37; [2003] NSWIRComm 211 Jones v Dunkel (1959) 101 CLR 298; [1959] HCA 8 Secretary of the Ministry of Health v The New South Wales Nurses and Midwives' Association (2022) 320 IR 249; [2022] NSWSC 1178 Simmonds v Commissioner of Police [2024] NSWIRComm 1040 Category: Principal judgment Parties: Luke Simmonds (Appellant) Commissioner of Police, NSW Police Force (Respondent) Representation: Appellant (self-represented)