Jessica Parfrey v Commissioner of Police [2010] NSWIRComm 19

Industrial Relations Commission of New South Wales

CITATION: Jessica Parfrey v Commissioner of Police [2010] NSWIRComm 19

Jessica Parfrey PARTIES: Commissioner of New South Wales Police Police Association of New South Wales (intervenor)

FILE NUMBER(S): IRC 2269 of 2008

CORAM: Grayson DP

Unfair dismissal - Probationary police constable - Jurisdiction of Commission challenged - Whether direct or indirect inconsistency between statute governing employment of police and general industrial legislation - Principle of implied repeal - History of industrial regulation in NSW Police Force - Whether Police Act provisions governing appointment, conduct, discipline and removal of police officers are exhaustive - Whether decision to dismiss probationer constitutes non-confirmation of appointment by annulment and as such deprives Commission of jurisdiction to review - Allegations of sexual harassment - Obligation on Commission in the exercise of functions to have regard to principles of Anti-Discrimination Act - Allegations of improper and unprofessional conduct - Proposal to fabricate evidence - Proposal to provoke violence - Onus of proof - Whether respondent has legitimate interest in employee conduct outside working hours - Application of code of conduct to off-duty police - Credibility of witnesses CATCHWORDS: Held: No inconsistency between statutes - Commission has jurisdiction over dismissal of probationary police officers - Allegations of sexual harassment made out - Allegations of improper conduct and unprofessional conduct made out - Applicant's conduct not excusable on grounds of banter or unintended offence - Applicant's conduct not excusable as learner error - Repeated acts of misconduct more culpable in light of counselling by superiors - Community expectation of high standards of police integrity - No warrant for intervention of Commission - Application dismissed.