Ferdinands v Commissioner for Public Employment

Industrial law – Police – Termination of appointment – Appellant member of South Australia Police – Appellant convicted of assault contrary to s 39 Criminal Law Consolidation Act 1935 (SA) – Appellant's appointment as member of SA Police terminated – Appellant applied to Industrial Relations Commission for relief against dismissal – Appellant alleged termination of appointment harsh, unjust or unreasonable – Jurisdiction of Industrial Relations Commission to entertain appellant's application.

Police – Termination of appointment – Appellant member of SA Police – Appellant convicted of assault – Appellant's appointment as member of SA Police terminated – Whether Police Act 1998 (SA) impliedly repealed provisions of the Industrial and Employee Relations Act 1994 (SA) providing for unfair dismissal.

Statutes – Implied repeal.

Statutes – International law – State statute – Incorporation of reference in State statute to international convention – Relevance of such incorporation – Whether such incorporation favours adoption of an interpretation favourable to the availability of the convention remedies in the particular case.

Statutes – Successive State statutes – Suggested inconsistency between statutory remedies for dismissal of police officers – Whether any such inconsistency or ambiguity resolved by the time sequence of enactment of the statutes – Whether resolved by reference to generality of language and identity of the particular and general character of the legislation – Whether beneficial character of statutory provisions relevant – Whether reference to international convention in a State statute a relevant consideration.

Words and phrases – "harsh, unjust or unreasonable".

Industrial and Employee Relations Act 1994 (SA).

Police Act 1998 (SA).

Police (Complaints and Disciplinary Proceedings) Act 1985 (SA).