Glen Robinson v Commissioner for Police, NSW Police Force [2013] NSWIRComm 1027

Industrial Relations Commission New South Wales Medium Neutral Citation: Glen Robinson v Commissioner for Police, NSW Police Force [2013] NSWIRComm 1027 Hearing dates: 30 September - 3 October 2013, 11 November 2013, 22 November 2013, 29 November 2013 Decision date: 05 December 2013 Before: Newall C Decision: Application for reinstatement of injured worker dismissed Catchwords: Application for reinstatement pursuant to s.241 of Workers' Compensation Act 1987 - police officer previously medically retired as unfit - psychological injury - award made on basis of permanent partial disability - whether retirement of police officer pursuant to s.72A of Police Act a dismissal - held, medical retirement by the Commissioner of Police is a dismissal - estoppel by convention - held, no estoppel by convention as no reliance on assumption - medical evidence of return to fitness for work - relevance of evidence of risk of reinjury - nature of police work - Commission not satisfied worker fit for the kind of work - alternative positions considered - applicant not fit for police work at large - relevance of payment to retired officer under Award not requiring determination - as applicant not fit no power to effect reinstatement - application dismissed. . Legislation Cited: Crown Employees (Police Officers Death and Disability) Award 2005 Industrial Relations Act 1996 s.171, s.405; former s.93 Police Act 1990 s.6, s.13, s.14, s.72A, s.201 Police Regulation 2008 cl 9 Public Sector Employment and Management Act 2002 Public Sector Employment and Management Regulation 2009 cl. 4(1) Technical and Further Education Commission Act 1990 s.20 Workers' Compensation Act 1987 Part 8, s.241, s.243 Cases Cited: Bindaree Beef Pty Ltd v Riley [2013] NSWCA 305 Blackadder v Ramsay Butchering (2005) 221 CLR 539 Con-Stan Industries of Australia Pty Ltd v Norwich Winterthur Insurance (Aust) Ltd (1986) 160 CLR 226 GE Healthcare Australia v Medica Radiology and Nuclear Medicine Pty Ltd [2013] NSWSC 414 Jones v Dunkel (1959) 101 CLR 298 Norville v NSW Fire Brigades [2007] NSWIRComm 45 Public Service Association of NSW (on behalf of Sahra Gulbis) v Commissioner of Police [2008] NSWIRComm 87 Riley v Workcover Authority of NSW (2006) 151 IR 396 Robinson v Commissioner of Police [2013] NSWIRComm 1019 Ryledar v Euphoric (2009) 69 NSWLR 603 Smith v Director-General of School Education (1993) 31 NSWLR 349 State of Victoria v Australian Teachers Union (1993) 49 IR 149 State Rail Authority of New South Wales v The Honourable Justice Bauer (1994) 55 IR 263 Tasovac v New South Wales Police Service [1999] NSWIRComm 436 Category: Principal judgment Parties: Glen Robinson, (Applicant) Commissioner of Police, NSW Police Force, (Respondent) Representation: A Howell - Applicant B Hodgkinson SC with M Seck - Respondent Henry Davis York - Respondent File Number(s): IRC 304 of 2013 Publication restriction: No