Police Association v NSW Police (No 3) [2005] NSWIRComm 243

Industrial Relations Commission of New South Wales

Police Association v NSW Police (No 3) [2005] NSWIRComm 243 CITATION: This decision has been amended. Please see the end of the judgment for a list of the amendments.

NOTIFIER Police Association of New South Wales PARTIES: RESPONDENT New South Wales Police

FILE NUMBER(S): IRC 3877 of 2004

CORAM: Boland J

Industrial Dispute - Police - Notification by Police Association of dispute under section 130 of Industrial Relations Act - Former police officer who had resigned seeking reinstatement or re-employment - Allegations of corruption - Jurisdiction - Whether subject matter of dispute notification constituted an industrial dispute - No relevant inconsistency between the Police Act and the Industrial Relations Act - No bar to Commission exercising jurisdiction re claim for reinstatement or re-employment - Held resignation caused by employer - Constructive dismissal - Held dismissal was unreasonable and unjust - Police officer reinstated on conditions CATCHWORDS: Police - Industrial Dispute - Notification by Police Association of dispute under section 130 of Industrial Relations Act - Former police officer who had resigned seeking reinstatement or re-employment - Allegations of corruption - Jurisdiction - Whether subject matter of dispute notification constituted an industrial dispute - No relevant inconsistency between the Police Act and the Industrial Relations Act - No bar to Commission exercising jurisdiction re claim for reinstatement or re-employment - Held resignation caused by employer - Constructive dismissal - Held dismissal was unreasonable and unjust - Police officer reinstated on conditions