NSW Caselaw
Industrial Relations Commission of New South Wales
CITATION: Allchin v Commissioner of Police (No 2) [2007] NSWIRComm 280
APPELLANT: Craig Eric Allchin PARTIES: RESPONDENT: Commissioner of Police
FILE NUMBER(S): IRC 426 of 2007
CORAM: Wright J President; Boland J; Backman J
CATCHWORDS: Appeal - application for leave to appeal - appellant a former police officer removed under s 181D of Police Act 1990 - removal found to be harsh and unjust at first instance - appellant re-instated subject to conditions which required that he present himself for a medical examination for the purpose of medical retirement in accordance with his statutory entitlements - appellant seeks re-instatement to full-time police duties, as well as compensation - principles on the issue of leave to appeal considered - leave to appeal refused - appeal dismissed
LEGISLATION CITED: Industrial Relations Act 1996 s 188 Police Act 1990 ss 181D, 181E, 181F
Allchin v NSW Police Service [2007] NSWIRComm 76 Austin v NF Importers Pty Ltd (2005) 146 IR 113 Bench v NRMA Limited (No 2) [2007] NSWIRComm 28 Commissioner of Police v Evans [2006] NSWIRComm 170 CASES CITED: Drake Personnel Pty Ltd t/a Drake Industrial v WorkCover Authority of New South Wales (Inspector Ch'ng) (1990) 90 IR 432 Hollingsworth v Commissioner of Police (No. 2) (1999) 49 NSWLR 151; 88 IR 282 King v State Bank of New South Wales (No 2) (2002) 126 IR 407 Knowles v Anglican Church Property Trust (No 2) (1999) 95 IR 380 Moore v A-Mac Alarms Pty Limited & Anor [2006] NSWIRComm 70
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