NSW Caselaw
Industrial Relations Commission of New South Wales
CITATION: Ferraris v Commissioner of Police [2006] NSWIRComm 243
APPELLANT Vicki Ann Ferraris PARTIES: RESPONDENT Commissioner of Police
FILE NUMBER(S): IRC 4108 of 2005
CORAM: Wright J President; Walton J Vice-President; Stanton C
CATCHWORDS: Appeal - Unfair dismissal - Probationary police constable - Statutory interpretation - Exclusionary provisions - Section 83(2)(b), Industrial Relations Act and cl 6(1)(c) Industrial Relations (General) Regulation - Operation of cl 6(2) - Meaning "dismissals under contracts of employment" in cl 6(2) - Dismissed under Police Act - Power not in contract of employment - Not dismissed under contract of employment - Whether probation period determined in advance as required by cl 6(1)(c) - Commissioner had right to extend period - Period not determined in advance - Other aspects of legislative scheme - Analysis of scheme contained in Industrial Relations Act and Police Act confirms conclusion reached - Leave to appeal - Public interest - Rights of probationary police constables to claim unfair dismissal - Full Bench's discretion to determine matter - Appeal upheld - Reinstatement order made.
Industrial Arbitration Act 1940 Industrial Relations Act 1996 ss 83, 84, 187, 188, 405 Industrial Relations (General) Regulation 2001 cl 5, 6 LEGISLATION CITED: Police Act 1990 ss 44, 73, 83, 89 Police Regulation Act 1899 Police Regulation 2000 cl 13 Public Service Act 1902 s 32 Public Service Act 1979 s 69
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