NSW Caselaw
Industrial Relations Commission New South Wales Medium Neutral Citation: Klazidis v Commissioner of Police [2016] NSWIRComm 1014 Hearing dates: 4 & 5 April 2016 Decision date: 22 April 2016 Jurisdiction: Industrial Relations Commission Before: Murphy C Decision: The unfair dismissal application by Chris Klazidis is dismissed Catchwords: UNFAIR DISMISSAL – charge of affray – applicant pleads guilty – sentenced to eighteen months imprisonment with nine months nonparole period – on appeal custodial sentence set aside – bond imposed and no conviction recorded – disciplinary process – allegations of serious misconduct – NSW Police Force Code of Conduct and Ethics – NSW Police Force Statement of Values – four allegations of misconduct found proven – decision to terminate applicant's employment – character evidence – seriousness of the misconduct – factors of aggravation and mitigation – considerations of fairness, reasonableness and harshness – fresh and independent review of the decision – cowardly attack by applicant on victim – applicant walked away as victim lay unconscious on roadway Legislation Cited: Industrial Relations Act 1996 Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999 Police Act 1990 Cases Cited: Rose v Telstra Corporation Limited Print Q9292, 4 December 1998
Burge v NSW BHP Steel Pty Limited [2001] 105 IR 325
Hosemans v Commissioner of Police (No 2) [2005] 138 IR 159
Commissioner of Police v Evans [2006] NSWIRComm 170
Commissioner of Police v Dobbie [2006] NSWIRComm 285; 157 IR 44
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