NSW Caselaw
Industrial Relations Commission of New South Wales
CITATION: Morgan v Commissioner of Police [2010] NSWIRComm 67
PARTIES: Jamie Morgan (Appellant) Commissioner of Police (Respondent)
FILE NUMBER(S): IRC 1861 of 2009
CORAM: Boland J President; Walton J Vice-President; Haylen J
APPEAL - Police - Application for leave to appeal and appeal against first instance decision that removal of police officer from Police Force was not harsh, unjust or unreasonable - Unauthorised access of the Computerised Operational Policing System (COPS) - Untruthfulness - Leave to appeal refused - Appeal dismissed - Respondent applied for costs on the ground that the appeal was commenced without reasonable cause - Not an appropriate case in which to order costs against the appellant on the grounds that the appeal lacked reasonable cause. CATCHWORDS: POLICE - Appeal - Application for leave to appeal and appeal against first instance decision that removal of police officer from Police Force was not harsh, unjust or unreasonable - Unauthorised access of the Computerised Operational Policing System (COPS) - Untruthfulness - Leave to appeal refused - Appeal dismissed - Respondent applied for costs on the ground that the appeal was commenced without reasonable cause - Not an appropriate case in which to order costs against the appellant on the grounds that the appeal lacked reasonable cause.
Industrial Relations Act 1996 LEGISLATION CITED: Police Act 1990 Police Regulation 2000
Kanan v Australian Postal & Telecommunications Union (1992) 43 IR 257 CASES CITED: Morgan and Commissioner of Police [2009] NSWIRComm 184 Proudman v Dayman [1941] HCA 28; (1941) 67 CLR 536
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