Trevor Allan Cottle v Commissioner of Police [2018] NSWIRComm 1080

Industrial Relations Commission New South Wales Medium Neutral Citation: Trevor Allan Cottle v Commissioner of Police [2018] NSWIRComm 1080 Hearing dates: 8 October 2018 Date of orders: 19 December 2018 Decision date: 19 December 2018 Jurisdiction: Industrial Relations Commission Before: Chief Commissioner Kite SC; Commissioner Constant; Commissioner Sloan Decision: (1) Leave to appeal is granted. (2) The appeal upheld and the decision of Commissioner Murphy of 22 August 2017 is set aside. (3) The matter is remitted to Commissioner Murphy for hearing and determination subject to the appellant lodging a written undertaking pursuant to s 90(b) of the Industrial Relations Act 1996. Catchwords: APPEAL – leave to appeal – police officer retired pursuant to s 72A of the Police Act 1990 – Police Act is not exhaustive code for dismissal of police officers - s 218 of the Police Act leaves intact the power of the IR Commission to deal with industrial matters concerning police officers unless especially restricted by a provision of the Police Act - s 84 of the Industrial Relations Act available to medically retired officers – appeal upheld Legislation Cited: Industrial Relations Act 1996 (NSW), Ch 2 Pt 6, ss 6, 7, 83, 84, 89, 90, 187, 210, 405 Police Act 1990 (NSW), Pts 2, 6, 9, ss, 50, 72A, 80, 94B, 181D, 181E, 218 Workers Compensation Act 1987 (NSW), s 242 Public Sector Employment and Management Act 2002 (NSW), s 25 Government Sector Employment Act 2013 (NSW), s 56 Cases Cited: Associated Minerals Consolidated Ltd v Wyong Shire Council [1975] AC 538 Commissioner of Police v Eaton [2011] NSWIRComm 51 Commissioner of Police v Eaton [2013] HCA 2 Cottle v Commissioner of Police [2017] NSWIRComm 1055 Ferdinands v Commissioner of Public Employment (2006) 225 CLR 130 Knowles v Anglican Church Property Trust (No. 2) (1999) 95 IR 380 Kocic v Commissioner of Police, NSW Police Force [2014] NSWCA 368 McDonald v Commissioner of Police (No. 2) [2016] NSWIRComm 1032 McDonald v Commissioner of Police (No.3) [2016] NSWIRComm 1049 Public Service Association and Professional Officers Association Amalgamated Union of New South Wales v Roads and Maritime Services [2015] NSWIRComm 16 Public Service Association and Professional Officers' Association Amalgamated Union of New South Wales v Secretary for Industrial Relations [2018] NSWIRComm 1061 Robinson v Commissioner for Police, NSW Police Force [2013] NSWIRComm 1027 Robinson v Commissioner of Police [2014] NSWIRComm 35 Xiao v Industrial Relations Secretary (Department of Justice) [2018] NSWIRComm 1054 Category: Principal judgment Parties: Trevor Allan Cottle (appellant) Commissioner of Police (respondent) Representation: Counsel: R de Meyrick (appellant) M Seck (respondent) Solicitors: Brazel Moore Lawyers (appellant) K&L Gates (respondent) File Number(s): 2017/00275452 Decision under appeal Court or tribunal: Industrial Relations Commission of New South Wales Citation: [2017] NSWIRComm 1055 Date of Decision: 22 August 2017 Before: Murphy C File Number(s): 2016/00374499