NSW Caselaw
Industrial Relations Commission New South Wales Medium Neutral Citation: Police Association of New South Wales v Commissioner of Police [2019] NSWIRComm 1006 Hearing dates: 22 and 23 November 2018 Date of orders: 25 January 2019 Decision date: 25 January 2019 Jurisdiction: Industrial Relations Commission Before: Commissioner Sloan Decision: (1) Sergeant Lamming was a Transferred Officer as defined in cl 76.7 of the Crown Employees (Police Officers – 2014) Award.
(2) Sergeant Lamming is entitled to reimbursement of stamp duty paid in respect of the purchase on 27 June 2017 of the residence at Zetland, in accordance with cl 90.2.2 of the Award.
(3) I recommend that the Commissioner make payment to Sergeant Lamming in reimbursement of the stamp duty paid by him in respect of the purchase of the Zetland property, plus interest.
(4) The parties are to confer with a view to agreeing on the amount to be paid by the Commissioner to Sergeant Lamming and the time within which such payment is to be made.
(5) The matter is adjourned to 22 February 2019.
(6) Liberty is reserved to the parties to have the matter re-listed on reasonable notice.
(7) If that liberty is not exercised by 22 February 2019 the matter will be closed administratively. Catchwords: EMPLOYMENT AND INDUSTRIAL LAW – award interpretation – principles to apply – whether words "who…finds it necessary" requires objective or subjective construction – whether words "as a consequence of" add a further, objective threshold for entitlement Legislation Cited: Industrial Relations Act 1996 (NSW) ss 8, 130, 175 Cases Cited: Braunstein v Accidental Death Insurance Company (1861) 121 ER 904; 1 B & S 781 Jurecek v Director, Transport Safety Victoria (2016) 260 IR 327, [2016] VSC 285 State Drug Crime Commission of NSW v Chapman (1987) 12 NSWLR 447 State Transit Authority (NSW) v Australian Rail, Tram and Bus Industry Union (NSW Branch, Bus and Tram Division) (2014) 247 IR 129; [2014] NSWIRComm 41 Category: Principal judgment Parties: Police Association of New South Wales (Notifier)
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