Eaton v Industrial Relations Commission of New South Wales [2012] NSWCA 30

Eaton v Industrial Relations Commission of New South Wales [2012] NSWCA 30

There is no explicit or implicit legislative indication that dismissal under s 80(3) of the Police Act 1990 precludes jurisdiction under Part 6 of Chapter 2 of the Industrial Relations Act 1996. Section 218 of the Police Act preserves the effect of the IR Act; regulations do not operate to exempt the applicant in the circumstances. The Commission thus retains jurisdiction to determine a probationary constable’s claim for unfair dismissal. The decision and orders of the Full Bench should be quashed, and the matter remitted for determination according to law.

Parties
Applicant: David Grant Eaton; First Respondent: Industrial Relations Commission of New South Wales; Second Respondent: Commissioner of Police
Jurisdiction
Australia
Judgment Date
06 March 2012
Procedural Posture
Judicial Review / Appeal From Full Bench, Supreme Court Decision
Outcome
Decision of the Full Bench quashed; jurisdiction confirmed; matter remitted to the Full Bench; second respondent to pay applicant’s costs
Legal Topics
Unfair Dismissal, Statutory Interpretation, Jurisdiction of Industrial Relations Commission, Police Employment – Probationary Constable, Implied Repeal/inconsistency Between Statutes
Employment Law Administrative Law Unfair Dismissal Statutory Interpretation Jurisdiction of Industrial Relations Commission Police Employment – Probationary Constable Implied Repeal/inconsistency Between Statutes

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Parties

David Grant Eaton

Applicant

Industrial Relations Commission of New South Wales

First Respondent

Commissioner of Police

Second Respondent

Procedural Posture

Judicial Review / Appeal From Full Bench, Supreme Court Decision

Legal Issues

  1. 1 Whether the Industrial Relations Commission has jurisdiction under Part 6 of Chapter 2 of the Industrial Relations Act 1996 to review and grant relief in respect of the dismissal of a probationary police constable under s 80(3) of the Police Act 1990
  2. 2 Whether there is an inconsistency, contrariety or incongruity between the provisions of Part 6 of Chapter 2 of the IR Act and s 80(3) of the Police Act such that Part 6 is impliedly repealed
  3. 3 Whether regulations exempt probationary constables from unfair dismissal application under the IR Act

Ratio Decidendi

There is no explicit or implicit legislative indication that dismissal under s 80(3) of the Police Act 1990 precludes jurisdiction under Part 6 of Chapter 2 of the Industrial Relations Act 1996. Section 218 of the Police Act preserves the effect of the IR Act; regulations do not operate to exempt the applicant in the circumstances. The Commission thus retains jurisdiction to determine a probationary constable’s claim for unfair dismissal. The decision and orders of the Full Bench should be quashed, and the matter remitted for determination according to law.

Court Disposition

Decision of the Full Bench quashed; jurisdiction confirmed; matter remitted to the Full Bench; second respondent to pay applicant’s costs

Orders

  • Pursuant to s 69 of the Supreme Court Act 1970, the record in IRC600 of 2010 be brought up to the Supreme Court
  • The decision and orders of the Full Bench of the Industrial Relations Commission on 5 May 2011 in IRC600 of 2010 be quashed