NSW Caselaw
Industrial Relations Commission of New South Wales
CITATION: Commissioner of Police and David Eaton [2010] NSWIRComm 128
PARTIES: Commissioner of Police (Appellant) David Eaton (Respondent)
FILE NUMBER(S): IRC600 of 2010
CORAM: Kavanagh J
CATCHWORDS: STAY OF PROCEEDINGS - Probationary Police Officer - jurisdictional issues formally raised re operation of s 80(3) of the Police Act 1990 - arguable ground on appeal - question as to whether orders out of jurisdiction of the Industrial Relations Commission given the interaction of provisions of the Police Act 1990 and the Industrial Relations Act 1996 - personal circumstances of respondent considered - respondent now working - appellant relies on balance of convenience argument - rejected - no stay granted on payment of back pay to date of Decision
LEGISLATION CITED: Industrial Relations Act 1996 Police Act 1990
Alexander v Cambridge Credit Corporation Ltd (Receivers Appointed) (1985) 2 NSWLR 685 CASES CITED: Ferraris v Commissioner of Police (2006) NSWIRComm 243 Transport Industry - Waste Collection and Recycling (State) Award (No 2) [2001] NSWIRComm 5; (2001) 102 IR 192
HEARING DATES: 2 September 2010 EXTEMPORE JUDGMENT DATE: 2 September 2010
Mr M C L Seck of counsel (Appellant) Bartier Perry, Lawyers LEGAL REPRESENTATIVES: Ms P F Lowson of counsel (Respondent) Walter Madden Jenkins, Solicitors
JUDGMENT:
- 7 - INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES
CORAM: Kavanagh J
2 September 2010
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