Grant v Commissioner of Police [2025] NSWIRComm 1000

Industrial Relations Commission New South Wales Medium Neutral Citation: Grant v Commissioner of Police [2025] NSWIRComm 1000 Hearing dates: 17 October 2024 Date of orders: 10 January 2025 Decision date: 10 January 2025 Jurisdiction: Industrial Relations Commission Before: Commissioner McDonald Decision: (1) The Amended Application is struck out on the basis that save for one allegation of victimisation, the application is out of time. (2) The Applicant has leave to file a Further Amended Application seeking relief only in respect of the alleged act of victimisation constituted by the substantiation, on 17 June 2024, of the allegations made in the letter from SJ Newton to the Applicant dated 13 March 2024. (3) The Applicant is file and serve his Further Amended Application by 4:00pm on 31 January 2025. (4) The Respondent's Notice of Motion is otherwise dismissed. (5) The matter is listed for directions on 6 February 2025 at 10.00am. Catchwords: EMPLOYMENT AND INDUSTRIAL LAW –Victimisation – Whether application filed out of time – Whether, if so, the Commission should accept the application out of time – Consideration of when time commences to run for purposes of limitation period where it is alleged that the employer engaged in a "course of conduct" – Whether and when "ongoing detrimental conduct" provides a sufficient reason for the Commission to accept an application out of time – No sufficient reason to accept those parts of application made out of time CIVIL PROCEDURE — Summary disposal — Dismissal of proceedings — Whether no reasonable cause of action disclosed — Applicant's case fairly arguable Legislation Cited: Industrial Relations Act 1996 (NSW), ss 210, 213 Uniform Civil Procedure Rules, r 13.4 Cases Cited: Brisbane South Regional Health Authority v Taylor 186 CLR 541; [1996] HCA 25 Buchanan v Fire and Rescue NSW [2020] NSWIRComm 1019 Davis v Amalgamated Television Pty Limited [1998] IR 364 General Steel Industries v Commissioner for Railways (NSW) (1964) 112 CLR 125; [1964] HCA 69 Janssen v South Western Sydney Local Health District [2017] NSWIRComm 1076 Kumar v Macquarie Partnership Lawyers [2005] NSWIRComm 202 Police Association of New South Wales (obo Tomlinson) v Commissioner of Police [2023] NSWIRComm 1053 Public Service Association of NSW (o/b Morawsky) v Department of Justice [2017] NSWIRComm 1059 Richard Kinninmont v Ku-ring-gai Council [2019] NSWIRComm 1029 Saridas v Papuan Oil Search Ltd [2022] NSWSC 825 Swaran Lata Kumar v Macquarie Partnership Lawyers [2005] NSWIRComm 202 Ugur v Attorney General for New South Wales [2019] NSWCA 86 Texts Cited: Crown Employees (NSW Police Force Administrative Officers and Temporary Employees) Award 2009 Category: Procedural rulings Parties: Leighton Grant (Applicant) Commissioner of Police (Respondent) Representation: Counsel: M Watts (Respondent) Solicitors: Kingston Reid (Respondent) Other: Applicant (self-represented) File Number(s): 2024/00250620 Publication restriction: None