NSW Caselaw
Industrial Relations Commission of New South Wales
CITATION: Dobbie v New South Wales Police [2006] NSWIRComm 12
APPLICANT Brett John Dobbie PARTIES: RESPONDENT New South Wales Police
FILE NUMBER(S): 4222 of 2005
CORAM: Marks J
CATCHWORDS: Application for review of an order of the Commissioner of Police - whether dismissal was harsh - high range PCA conviction - prior PCA conviction - breach of NSW Police code of conduct - applicant concedes seriousness of offence and expresses remorse - mitigating factors raised by applicant - applicant has undertaken grief counselling and counselling for alcohol abuse - no issue as to competence, performance and integrity - regard to be had for interest of applicant and public - undertaking to never consume alcohol whilst employed by the NSW Police Force provided in course of appeal - held Commission entitled to take undertaking into account - held removal in all circumstances harsh - orders: applicant to be reinstated on conditionss referable to consumption of alcohol.
LEGISLATION CITED: Industrial Relations Act 1996 Part 5 Chapter 2 s 89 Police Act 1990 ss 181D(1) 181E(1) 1818(F)
Craig Stephen Dangerfield v Commissioner of Police (2003) NSWIRComm 96 CASES CITED: Little v Commissioner of Police (No 2) (2002) 112 IR 212 Starr v Commissioner of Police (2001) NSWIRComm 226 at [339] Van Huisstede v Commissioner of Police (2000) 98 IR 57 at [215] to [220]
HEARING DATES: 31/01/2006
DATE OF JUDGMENT: 03/24/2006
APPLICANT Mr E Oates Oates & Smith Solicitors LEGAL REPRESENTATIVES:
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