Police Association of New South Wales (on behalf of Myers) -v- Commissioner of Police [2005] NSWIRComm 148

Industrial Relations Commission of New South Wales

CITATION: Police Association of New South Wales (on behalf of Myers) -v- Commissioner of Police [2005] NSWIRComm 148

Police Association of New South Wales (on behalf of Scott Myers) PARTIES: Commissioner of Police

FILE NUMBER(S): 5786 of 2004

CORAM: Grayson DP

Unfair dismissal - probationary constable - damage to police vehicle - excessive speed - vehicle written off - failure to report incident - failure to recall incident when later afforded oppurtunity - adverse conclusions as to truthfulness - disobedience of a directive not to discuss matter during formal investigation - request for rest from duty - refusal of requests followed by provision of medical certificates - activities during periods of alleged incapacity arguably inconsistent with incapacity - adverse conclusions as to genuineness of claimed incapacity - circumstances of and background to periods of absence relevant to issue of genuineness - not overborne by limited probative value of medical certificates - ethical obligation on doctors to treat symptoms presented CATCHWORDS: Held: Decision to terminate employment not tainted by procedural or substantive unfairness - no warrant for intervention by Commission - application dismissed

Industrial Relations Act 1996 LEGISLATION CITED: Police Act 1990

HEARING DATES: 10/13/2004; 12/03/2004; 01/27/2005; 02/21/2005; 04/11/2005; 04/13/2005; 04/15/2005; 04/26/2005

DATE OF JUDGMENT: 05/13/2005

Mr M Gibian of counsel instructed by Jones Staff and Co (Mr A Howell) LEGAL REPRESENTATIVES: Mr R Reitano of counsel instructed by NSW Police Legal Services (Ms M Buchannan)