NSW Commissioner of Police v. Cottle & Anor
Case No.
S56/2021
Case Information
Lower Court Judgment
27/07/2020 Supreme Court of New South Wales (Court of Appeal) (Bell P, Basten and Payne JJA)
Catchwords
Industrial law – Jurisdiction of Industrial Relations Commission of New South Wales (IRC) – Police – Where applicant made decision under s 72A of Police Act 1990 (NSW) to retire first respondent police officer on medical grounds – Where first respondent applied for unfair dismissal remedy in IRC under s 84 of Industrial Relations Act 1996 (NSW) – Where Police Act does not expressly provide for review by IRC for medical retirement but does for other types of removal – Where applicant successfully challenged IRC’s jurisdiction, following High Court’s decision in Commissioner for Police for NSW v Eaton (2013) 252 CLR 1 – Where Full Bench overturned decision – Where applicant successfully sought judicial review of Full Bench decision by NSW Supreme Court – Where first respondent successfully appealed to Court of Appeal – Whether IRC has jurisdiction to hear and determine unfair dismissal application filed by police office retired on medical grounds – Whether Court of Appeal applied correct statutory construction principles in interpreting two overlapping statutory schemes.
Documents
12/04/2021 Hearing (SLA, Canberra)
23/04/2021 Notice of appeal
31/05/2021 Written submissions (Appellant)
31/05/2021 Chronology (Appellant)
30/06/2021 Written submissions (First Respondent)
13/07/2021 Written submissions (Police Association of New South Wales, seeking leave to intervene)
20/07/2021 Reply
03/11/2021 Hearing (Full Court, Canberra) (Audio-visual recording)
03/11/2021 Outline of oral argument (Appellant)
03/11/2021 Outline of oral argument (First Respondent)
16/03/2022 Judgment (Judgment summary)