NSW Caselaw
Industrial Relations Commission New South Wales Medium Neutral Citation: McDonald v Commissioner of Police [2016] NSWIRComm 1023 Hearing dates: 11 May 2016 Date of orders: 10 June 2016 Decision date: 10 June 2016 Jurisdiction: Industrial Relations Commission Before: Murphy C Decision: The application by the applicant for a non-disclosure order is dismissed. Catchwords: UNFAIR DISMISSAL – application for a non-disclosure order – police officer – whistle blower – fears about the implications of being named in the proceedings – fear of a death threat – matters raised in the proceedings could attract significant media or public attention – potential complaint of misuse of public resources and maladministration – fear of reprisals – psychological injury which was work related – "interests of justice" test not met – application dismissed Legislation Cited: Industrial Relations Act 1996 Anti-Discrimination Act 1997 Occupational Health and Safety Act 2000 Work Health and Safety 2011 Cases Cited: John Fairfax Group Pty Ltd & Anor v Local Court of NSW & Ors (1992) 26 NSWLR 131 Doctor A and Health District [2014] NSWIRComm 28 Category: Procedural and other rulings Parties: Christian McDonald (Applicant) Commissioner of Police (Respondent) Representation: Counsel: Mr B Eurell (Applicant) Mr R Lee (Respondent)
Solicitors: Carroll & O'Dea Lawyers (Applicant) K&L Gates (Respondent) File Number(s): 2016/00122514
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