NSW Commissioner of Police v. Cottle & Anor

Lower Court Judgment

27/07/2020 Supreme Court of New South Wales (Court of Appeal) (Bell P, Basten and Payne JJA)

[2020] NSWCA 159

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.