Police Association of New South Wales v Commissioner of Police [2019] NSWIRComm 1076

Industrial Relations Commission New South Wales Medium Neutral Citation: Police Association of New South Wales v Commissioner of Police [2019] NSWIRComm 1076 Hearing dates: 1 October 2019 Date of orders: 11 October 2019 Decision date: 11 October 2019 Jurisdiction: Industrial Relations Commission Before: Commissioner Sloan Decision: Pursuant to s 136(1)(c) and (d) and s 137(1)(c) of the Industrial Relations Act 1996 (NSW) I order that:

(1) the Commissioner of Police not dismiss Sergeant Neal Snowden until the determination of these proceedings or further order of the Commission; and

(2) the Commissioner of Police not dismiss Senior Constable Rachael Hill until the determination of these proceedings or further order of the Commission.

I recommend that the parties confer as to the possibility of implementing a graduated return to work for Sergeant Neal Snowden and Senior Constable Rachael Hill consistent with available medical evidence.

I direct that the proceedings be listed for directions at 10.00am on Tuesday, 22 October 2019. Catchwords: EMPLOYMENT AND INDUSTRIAL – Industrial disputes – threatened medical retirement of police officers – application for interim dispute orders preventing dismissal – whether serious issue to be tried – whether balance of convenience favours making of orders Legislation Cited: Evidence Act 1995 (NSW) ss 9, 75 Industrial Relations Act 1996 (NSW) ss 84, 89, 130, 135, 136, 137, 163 Police Act 1990 (NSW) s 94B Workers Compensation Act 1987 (NSW) Workplace Injury Management and Workers Compensation Act 1998 (NSW) s 49 Cases Cited: Australian Services Union and Sydney Water Corporation [2005] NSWIRComm 156 Sydney Water Corporation and Australian Services Union (New South Wales and Australian Capital Territory Branch) (2005) 146 IR 388; [2005] NSWIRComm 305 Category: Procedural and other rulings Parties: Police Association of New South Wales (Notifier)