Police Association of New South Wales v Commissioner of Police [2011] NSWIRComm 1003

Industrial Relations Commission New South Wales Medium Neutral Citation: Police Association of New South Wales v Commissioner of Police [2011] NSWIRComm 1003 Hearing dates: 2 December 2010, 20 December 2010, 2 February 2011 Decision date: 14 February 2011 Jurisdiction: Industrial Relations Commission Before: Ritchie C Decision: I therefore Order that the respondent to pay to Mr Harrington an amount of money equal to 288.8 hours as a gratuity Catchwords: INDUSTRIAL DISPUTE - s 130 Dispute notification - small claim for the repayment of annual leave to the officer - Police Officer Hurt on Duty - workers compensation application accepted - officer carries out modified duties - officer elects to be medically retired - officer received specialist report stating unfit for operational duties - officer contacts an admin. officer and seeks to clarify if he now has to come to work - Commission finds that misunderstandings took place during this phone call - officer sends medical report to the respondent - officer does not come to work - later officer asked for another medical certificate and provides it - continues to not come to work - dispute as to whether officer aware during his absence his sick and annual leave are being used - when all leave used up officer receives a further call stating this and he returns to work - officer makes a claim for the recrediting of sick and annual leave - respondent refuses - Commission finds that respondent did not react to medical certificates that did not allow the officer to remain off work and that officer never applied for sick or annual leave - award therefore breached - order made for respondent to pay the officer the quantum of annual leave that had been used Legislation Cited: Industrial Relations Act, 1996 Category: Principal judgment Parties: Police Association of New South Wales (Applicant)