Police Association of New South Wales and Commissioner of Police [2008] NSWIRComm 176

Industrial Relations Commission of New South Wales

CITATION: Police Association of New South Wales and Commissioner of Police [2008] NSWIRComm 176

APPLICANT Police Association of New South Wales PARTIES: RESPONDENT New South Wales Police Force

FILE NUMBER(S): IRC 892 of 2008

CORAM: Sams DP

Industrial dispute - jurisdiction of the Commission - New South Wales Police Force - revocation of Leading Senior Constable status - officer on sick leave - performance issue - prisoner escape from custody - reduction in salary - application of Leading Senior Constable Guidelines - Award provisions - review of revocation - whether sick leave prevented revocation - whether review decision binding - review decision overturned - whether reversal of decision based on procedure or merit - procedural unfairness alleged - mitigating factors - training of officer - usual procedures - whether Commission should make determinations and recommendations. CATCHWORDS: Held; no jurisdiction to make determinations - unusual and unique set of circumstances - Association's submissions inconsistent - Association and officer sought clarification of effect of sick leave on revocation - not unreasonable to seek clarification - review decision not final - review decision made preliminary findings on merit - no breach of Leading Senior Constable Guidelines - no breach of the Award - sick leave clause did not prevent management from acting on sustained finding of poor performance - extensive evidence as to mitigation - first review may have been distracted - Commission refrains from making findings on merit - second review recommended - length of inquiry as to effect of sick leave clause unfair to officer - amount of repayment recommended - concern at delay in decision making - recommendation made.