Reid-Frost and Commissioner of Police (No 2) [2010] NSWIRComm 86

Industrial Relations Commission of New South Wales

CITATION: Reid-Frost and Commissioner of Police (No 2) [2010] NSWIRComm 86

PARTIES: Alyson Reid-Frost (Applicant) Commissioner of Police (Respondent)

FILE NUMBER(S): IRC 814 of 2008

CORAM: Boland J President

CATCHWORDS: POLICE - Removal of police officer - Removal held to have been harsh, unjust and unreasonable on procedural grounds - Appeal - Held on appeal procedural deficiencies found to have existed at first instance, of themselves, did not constitute a proper foundation upon which a determination could be made as to whether the removal was harsh, unjust or unreasonable - Appeal upheld - Matter remitted for retrial - Consideration of merit issues on remittal - Allegations against police officer regarding conduct, integrity, performance and competence - Allegations that over a lengthy period police officer engaged in a continued pattern of inappropriate and unprofessional behaviour and conduct - Allegation that police officer demonstrated an unwillingness or inability to improve her performance, conduct and competence - Allegation that police officer failed to accept any guidance or assistance from her mentor and had an attitude that was aggressive and dismissive - Allegation that police officer worked in secondary employment that was not authorised or approved - Public interest and interests of police officer considered - Held applicant demonstrated an unwillingness to conform to standards of conduct and performance required in a disciplined force - Held applicant's attitude, particularly toward superior officers, was unacceptable - Held removal of the applicant from the Police Force was not harsh, unjust or unreasonable - Application for relief dismissed