Bennett v Commissioner of Police [2010] NSWIRComm 25

Industrial Court of New South Wales

CITATION: Bennett v Commissioner of Police [2010] NSWIRComm 25

Michelle Bennett (Applicant) Commissioner of Police (Respondent) PARTIES:

FILE NUMBER(S): IRC 2182 of 2008

CORAM: Haylen J

RECOVERY OF MONEY - Industrial Relations Act 1996 - s 365 - availability of lump sum payment to Police Officer under terms of Crown Employees (Police Officers Death and Disability) Award 2005

AWARD - interpretation - Crown Employees (Police Officers Death and Disability) Award 2005 - eligibility of officer classified as on Permanent Restricted Duties to receive lump sum payment - obligation to accept one of three reasonable offers of a suitable police position - only one suitable position identified within officer's Local Area Command - multiple suitable positions identified in other Area Commands requiring transfer - officer initially allowed to transfer into Local Command because family business purchased in area and because of aged parents living in the area - officer rejects any position outside of Local Area Command because of personal, family, business interests and commitments - meaning of "reasonable offer" and "suitable position" - mutuality of obligations under award - need for consideration to be given to personal circumstances of officer - police positions outside Local Area Command not "reasonable" offers nor "suitable" positions in circumstances of this officer - officer entitled to lump sum payment under the award CATCHWORDS: POLICE - application for recovery of lump sum payable under award - interpretation - Crown Employees (Police Officers Death and Disability) Award 2005- eligibility of officer classified as on Permanent Restricted Duties to receive lump sum payment - obligation to accept one of three reasonable offers of a suitable police position - only one suitable position identified within officer's Local Area Command - multiple suitable positions identified in other Area Commands requiring transfer - officer initially allowed to transfer into Local Command because family business purchased in area and because of aged parents living in the area - officer rejects any position outside of Local Area Command because of personal, family, business interests and commitments - meaning of "reasonable offer" and "suitable position" - mutuality of obligations under award - need for consideration to be given to personal circumstances of officer - police positions outside Local Area Command not "reasonable" offers nor "suitable" positions in circumstances of this officer - officer entitled to lump sum payment under the award