NSW Caselaw
Industrial Relations Commission of New South Wales
CITATION: Richards and Commissioner of Police (No 2) [2009] NSWIRComm 214
PARTIES: Shayne Richards (Applicant) Commissioner of Police (Respondent)
FILE NUMBER(S): IRC 1919 of 2007
CORAM: Marks J
CATCHWORDS: APPLICATION FOR REVIEW UNDER S 181E OF POLICE ACT 1990 - appropriate relief - earlier finding that removal was unreasonable and unjust - whether Commission should allow party to reopen case to adduce further evidence - onus - held parties compellable to furnish further evidence - reinstatement and reemployment impracticable - compensation awarded
LEGISLATION CITED: Police Act 1990 - s 181D, s 181E, s 181F Industrial Relations Act 1996 - s 89, s 163, s164
Carlton and United Beverages Limited and Philip Brunt [2006] NSWIRComm 98 CASES CITED: Commissioner of Police v Goodwin [2008] NSWCA 345 Richards and Commissioner of Police [2009] NSWIRComm 137
HEARING DATES: 4 December 2009
DATE OF JUDGMENT: 18 December 2009
Mr A Metcalfe of counsel (Applicant) Solicitor: Walter Madden Jenkins LEGAL REPRESENTATIVES: Mr R Kenzie QC with Ms E Brus of counsel (Respondent) Solicitor Crown Solicitor
JUDGMENT:
INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES
CORAM: Marks J
Friday 18 December 2009
Matter No IRC 1919 of 2007
Shayne Richards and Commissioner of Police (No 2)
Application for review of an order under s 181E of the Police Act 1990
DECISION
[2009] NSWIRComm 214
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