NSW Caselaw
Industrial Relations Commission of New South Wales
CITATION: Craig Eric Allchin and the NSW Police [2007] NSWIRComm 76
Applicant: Craig Eric Allchin PARTIES: Respondent: NSW Police
FILE NUMBER(S): IRC6723 of 2005
CORAM: Kavanagh J
CATCHWORDS: Application under s181E of the Police Act 1990 - s181D removal of a police constable - applicant considered unsuitable in training - sworn in as constable - unreliable and unsatisfactory work over one and a half years - remedial placement -excessive sick leave- no return to full duty - alcohol abuse - refusal of treatment - complaints of stress - notice relies on off-duty conduct - reasons for order raise issues of on-duty conduct and other incidents outside grounds of notice - termination for conduct and attitude - no consideration of medical condition affecting conduct - termination harsh and unjust - applicant not suitable candidate for police service - reinstated, on conditions, for medical examination re medical retirement
LEGISLATION CITED: Police Service Act 1990
Briginshaw v Briginshaw (1938) 60 CLR 336 CASES CITED: Commissioner of Police v Dobbie [2006] NSWIRComm 285 Starr v Commissioner of Police [2001] NSWIRComm 226 Van Huisstede v Commissioner of Police (2000) 98 IR 57
HEARING DATES: 28/08/06, 29/08/06, 30/08/06, 31/08/06, 13/09/06, 14/09/06, 15/09/06, 27/10/06, 27/11/06, 28/11/06
DATE OF JUDGMENT: 5 April 2007
Applicant in person
Respondent: LEGAL REPRESENTATIVES: Mr A. Searle of counsel Solicitors: Ms G. Fuller Crown Solicitor's Office
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