NSW Caselaw
Industrial Relations Commission of New South Wales
CITATION: Craig Allchin and NSW Police [2008] NSWIRComm 205
Applicant: PARTIES: Craig Eric Allchin Respondent: NSW Police
FILE NUMBER(S): IRC1948 of 2008
CORAM: Kavanagh J
CATCHWORDS: Application for Variation of Orders - Application precluded by the doctrine of res judicata and under s179 of the Industrial Relations Act 1996 - Application denied
LEGISLATION CITED: Industrial Relations Act 1996, s179
CASES CITED: Allchin v Commissioner of Police (No 2) [2007] NSWIRComm 280 Allchin v NSW Police Service [2007] NSWIRComm 76
HEARING DATES: 23/10/08 EXTEMPORE JUDGMENT DATE: 23 October 2008
Applicant in person
Respondent: LEGAL REPRESENTATIVES: Mr A. Searle of counsel Solicitiors: Ms M. Rizzo Crown Solicitor's Office
JUDGMENT:
- 4 - INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES
CORAM: Kavanagh J
Thursday 23 October 2008
Matter No IRC 1948 of 2008
CRAIG ERIC ALLCHIN AND NEW SOUTH WALES POLICE
Application by Craig Allchin for variation of order, costs, wages for period of reinstatement, superannuation past and present
DECISION
[2008] NSWIRComm 205
1 This is an application by Craig Eric Allchin (the applicant) for a Variation of the Commission's Orders (also raised are matters of costs, wages for period of reinstatement, superannuation past and present) by way of a Decision dated Thursday 5 April 2007 (Allchin and NSW Police Service [2007] NSWIRComm 76). 2 That Decision was then considered by the Full Bench on appeal (Allchin v Commissioner of Police (No 2) [2007] NSWIRComm 280). 3 Leave was not granted for Mr Allchin to appeal but the Full Bench on 15 November 2007, noting this Commission's Orders, extended for 21 days an opportunity for Mr Allchin to provide an undertaking in the following terms at [28]: . . . applicant has 21 days from the date of this decision to provide a written undertaking to the Industrial Registrar that he will attend a medical examination to be conducted by a medical examiner to whom he is referred by the respondent.
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