Raymond Sewell v New South Wales Police Force. Application by Raymond Sewell for review of an order under s 181E of the Police Act 1990 [2008] NSWIRComm 93

Industrial Relations Commission of New South Wales

CITATION: Raymond Sewell v New South Wales Police Force. Application by Raymond Sewell for review of an order under s 181E of the Police Act 1990 [2008] NSWIRComm 93

APPLICANT: Raymond Sewell PARTIES: RESPONDENT: NSW Police Force

FILE NUMBER(S): IRC 1259 of 2007

CORAM: Haylen J

CATCHWORDS: Police officer - termination of employment - review under s 181E Police Act 1990 - s 181D - s 181F - s 181G - operation of principles of review considered - onus remains with officer - Briginshaw principles applied - sexual harassment and sexual assault of women over period of two months - officer transferred to new location - takes up heavy drinking with new associates - mixes alcohol with medication - aberrant behaviour over short period in 22 year career - officer ceases drinking and engages in healthier lifestyle - Commissioner of Police accepts steps taken to address problem behaviour and contrition of officer but removes officer from Service - extensive medical evidence - no medical reason or illness established as causing offensive behaviour - all allegations established against officer - review involves balancing exercise - conduct serious but unfair to terminate services - officer reinstated without payment of lost salary and without continuity of service during period of termination

Evidence Act 1995 LEGISLATION CITED: Industrial Relations Act 1996 Police Act 1990 s 181D(3)(a)

Allchin v New South Wales Police 2007] NSWIRComm 76 Brennan v Commission of Police [2007] NSWIRComm 229 CASES CITED: Briginshaw v Briginshaw (1938) 60 CLR 336 Kavanagh v NSW Police (2003) NSWIRComm 474 Little v The Commissioner of Police (No 2) (2002) 112 IR 212 Starr v Commissioner of Police (2001) NSWIRComm 226