Stefan Elias v Commissioner of Police [2019] NSWIRComm 1026

Industrial Relations Commission New South Wales Medium Neutral Citation: Stefan Elias v Commissioner of Police [2019] NSWIRComm 1026 Hearing dates: 11, 12 and 13 December 2017 and 14 February 2018 Date of orders: 17 April 2019 Decision date: 17 April 2019 Jurisdiction: Industrial Relations Commission Before: Chief Commissioner Kite SC Decision: Order: 1. Application for review upheld. 2. Mr Elias is reinstated to the Police Force at the rank and incremental level he held at the time of his removal. 3. Mr Elias is entitled to be paid at the relevant rates from the date of removal to the date of reinstatement less any sums earned from personal exertion in that period. 4. Mr Elias's service with the NSW Police Force is taken not to be broken. Catchwords: Removal of Police Officer – harsh , unjust or unreasonable – burden of proof - legal burden and evidentiary burden – applicant succeeds in shifting evidentiary burden Legislation Cited: Industrial Relations Act 1996 Police Act 1990 (NSW) Police Regulation 2000 (NSW) Police Regulation 2008 (NSW) Cases Cited: Commissioner of Police v Eaton [2013] HCA 2; 252 CLR 1 Commissioner of Police v Morris [2017] NSWIRComm 1010 Morris v Commissioner of Police [2016] NSWIRComm 1034 Pastrycooks Employees, Biscuit Makers Employees & Flour and Sugar Goods Workers Union (NSW) v Gartrell White (No. 3) (1990) 35 IR 70 Tredinnick v Commissioner of Police [2016] NSWIRComm 14 Wang v Crestell Industries Pty Ltd (1997) 73 IR 454 Category: Principal judgment Parties: Stefan Elias (Applicant) Commissioner of Police (Respondent) Representation: Counsel: D Nagle (Applicant) J Darams (Respondent)