Johnston v Commissioner of Police [2007] NSWIRComm 293

Industrial Relations Commission of New South Wales

CITATION: Johnston v Commissioner of Police [2007] NSWIRComm 293

APPELLANT Peter Glenn Johnston PARTIES: RESPONDENT Commissioner of Police

FILE NUMBER(S): IRC 468 of 2007

CORAM: Wright J President; Boland J; Staff J

Termination of employment - Unfair dismissal - Leave to appeal and appeal - Removal of police officer for illegally accessing the Computer Operation Policing System ("COPS") and alleged stalking and intimidation - Review of dismissal order - Whether trial judge erred in giving consideration to the issue of practicality of reinstatement in determining if the removal of the officer was harsh - Whether trial judge erred in rejecting the appellant's depression as demonstrating harshness of the dismissal - Whether trial judge erred in failing to properly have regard to the interests of the police officer - Consideration of competing public interests - No error of law or principle - Leave to appeal granted - Appeal dismissed - Police Act 1990 (NSW) Section 181D, s 181F. CATCHWORDS: Police - Removal of police officer due to illegal access to Computer Operation Policing System ("COPS") and alleged stalking and intimidation - Reinstatement refused - Whether trial judge erred in considering practicality of reinstatement, rejecting appellant's depression as demonstrating harshness and failed to have regard to the interests of police officer - Relief refused - Police Act 1990 (NSW) Section 181D, s 181F.

LEGISLATION CITED: Industrial Relations Act 1996 Police Act 1990

Abboud v The State of New South Wales (Department of School Education) (1999) 92 IR 32 Anderson v Northern Co-operative Meat Company Pty Ltd (2004) 137 IR 404 Antonakopoulos v State Bank of New South Wales (1999) 91 IR 385 Burge v NSW BHP Steel Pty Limited (2001) 105 IR 325 Carlton and United Beverages Limited and Philip Brunt [2006] NSWIRComm 98 Commissioner of Police v Dobbie (2006) 157 IR 44 Commissioner of Police v Evans (2006) 153 IR 144 CASES CITED: Entertainment Distributors Co Pty Ltd v Burnard (1993) 49 IR 446 Hollingsworth v Commissioner of Police (No. 2) (1999) 49 NSWLR 151 Hosemans v Commissioner of Police (No 4) (2004) 138 IR 159 Humphries v Cootamundra Ex-Services and Citizens Memorial Club Ltd (2003) 128 IR 37 Johnston v Commissioner of Police [2007] NSWIRComm 73 Little v Commissioner of Police (No. 2) (2002) 112 IR 212 Metropolitan Meat Industry Board v Australasian Meat Industry Employees' Union, New South Wales Branch [1973] AR (NSW) 231 Riley v WorkCover Authority (2006) 151 IR 396