NSW Caselaw
Industrial Relations Commission of New South Wales
CITATION: Martin Evans v NSW Police [2005] NSWIRComm 404
APPLICANT Martin Evans PARTIES: RESPONDENT New South Wales Police
FILE NUMBER(S): IRC 1168 of 2005
CORAM: Boland J
CATCHWORDS: Police - Removal of a police officer - Off duty officer assaulted civilian - Officer convicted of assault - Intoxication - Whether removal harsh, unreasonable or unjust - Removal found to be unjust - Reinstatement ordered on certain conditions
Crimes (Sentencing Procedure) Act 1999 Industrial Relations Act 1996 LEGISLATION CITED: Police Act 1990
Bradley George Hosemans v Commissioner of Police (2004) 138 IR 159 Burrows v Commissioner of Police, Giardini v Commissioner of Police [2001] NSWIRComm 333 Cavanagh v NSW Police [2003] NSWIRComm 474 Dangerfield v The Commissioner of Police [2003] NSWIRComm 96 CASES CITED: Little v Commissioner of Police (No 2) (2002) 112 IR 212 Little v Commissioner of Police [2001] NSWIRComm 9 Metropolitan Meat Industry Board v Australasian Meat Industry Employees' Union, New South Wales Branch [1973] AR 231 Wells v Commissioner of Police (2000) 100 IR 106
HEARING DATES: 09/08/2005; 09/12/2005
DATE OF JUDGMENT: 11/04/2005
APPLICANT Mr B Docking of counsel Solicitor: Mr E Oates Oates & Smith LEGAL REPRESENTATIVES:
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