Ross and Commissioner of NSW Police (No 2) [2011] NSWIRComm 122

Industrial Relations Commission New South Wales Medium Neutral Citation: Ross and Commissioner of NSW Police (No 2) [2011] NSWIRComm 122 Hearing dates: Written submissions: 5 August 2011, 11 August 2011 Decision date: 07 September 2011 Jurisdiction: Industrial Relations Commission Before: Staff J Decision: 1. The applicant's removal under s 181D(1) of the Police Act 1990 was harsh. 2. The applicant is reinstated to the NSW Police Force. 3. The Commission orders that the respondent pay to the applicant an amount which equates with the remuneration that the applicant would, but for being dismissed, have received in the intervening period between dismissal, reinstatement and/or medical retirement, less any amounts received as payments in respect of workers compensation or derived from alternative employment. This amount is to be paid as soon as practicable and within 21 days from the date of this decision. 4. The Commission orders that the period of employment of the applicant with the employer shall be taken not to have been broken by the dismissal. The intervening period between dismissal and reinstatement of the applicant shall be counted for all purposes as a period of employment. 5. The parties have liberty to have the matter restored to the list to determine any dispute that may arise in respect of order 3. Catchwords: POLICE - unfair dismissal - removal of applicant found to be harsh - whether applicant entitled to continuity of service upon reinstatement being ordered - held - applicant entitled to order for continuity of service - Industrial Relations Act 1996, s 89(4) Legislation Cited: Industrial Relations Act 1996 Police Act 1990 Workers Compensation Act 1987 Cases Cited: Ross and Commissioner of NSW Police [2011] NSWIRComm 92 Category: Separate question Parties: Jamie Ross (Applicant) Commissioner of New South Wales Police (Respondent) Representation: Counsel Mr T Edwards of counsel (Applicant) Mr P Skinner of counsel (Respondent) Solicitors Harris Wheeler Lawyers (Applicant) McCabe Terrill Lawyers (Respondent) File Number(s): IRC 2268 of 2008