NSW Caselaw
Industrial Relations Commission of New South Wales
CITATION: Wayne Edward Collins and Commissioner of Police [2008] NSWIRComm 30
Applicant: PARTIES: Wayne Edward Collins Respondent: Commissioner of Police
FILE NUMBER(S): IRC484 of 2007
CORAM: Kavanagh J
CATCHWORDS: Removal of police officer - s181D Order - off-duty incident - serious misconduct - conviction for serious offence - culture of binge drinking - alcohol counselling - further charges dismissed - conduct can be sole ground for dismissal - subjective factors placed before the Commissioner - competence and performance not considered - error - applicant and public interest considered - re-instatement ordered
LEGISLATION CITED: Police Act 1990 Industrial Relations Act 1996
Bankstown City Council v Paris (1999) 93 IR 209 Hosemans v Commissioner of Police (2004) 138 IR 159 Byrne v Australian Airlines Ltd (1995) 185 CLR 410 Carlton and United Beverages Limited and Philip Brunt [2006] NSWIRComm 98 Clarke v Metropolitan Meat Industry Board [1967] AR (NSW) 16 CASES CITED: Commissioner of Police v Dobbie [2006] NSWIRComm 285 Dobbie v New South Wales Police [2006] NSWIRComm 12 Hugh Gerrard Brennan v Commissioner of Police [2007] NSWIRComm 229 Minister for Immigration and Ethnic Affairs v Baker (1997) 73 FCR 187 Rose v Telstra Corp Ltd (unreported, AIRC, PQ9292, 4 December 1998) Shepherd v Felt and Textiles of Australia Ltd (1931) 45 CLR 359 Van Huisstede v Commissioner of Police (2000) 98 IR 57
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