Daren Lee -v- West Australian Police Force
Document Type: Order
Matter Number: APPL 7/2021
Matter Description: Appeal against the decision of Commissioner to take removal action of 29 December 2020
Industry: Police
Jurisdiction: Commission in Court Session
Member/Magistrate name: Chief Commissioner S J Kenner, Commissioner T Emmanuel, Senior Commissioner R Cosentino
Delivery Date: 30 Aug 2021
Result: Upheld in Part and Order Issued
Citation: 2021 WAIRC 00486
WAIG Reference: 101 WAIG 1300
APPEAL AGAINST THE DECISION OF THE COMMISSIONER OF POLICE TO TAKE REMOVAL ACTION
WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION
PARTIES DAREN LEE
APPELLANT
-V-
WEST AUSTRALIAN POLICE FORCE
RESPONDENT
CORAM CHIEF COMMISSIONER S J KENNER
SENIOR COMMISSIONER R COSENTINO
COMMISSIONER T EMMANUEL
DATE MONDAY, 30 AUGUST 2021
FILE NO/S APPL 7 OF 2021
CITATION NO. 2021 WAIRC 00486
Result Order issued
Representation
APPLICANT MR M SHIPMAN OF COUNSEL
RESPONDENT MR S PACK OF COUNSEL
Order
HAVING heard Mr M Shipman of counsel on behalf of the appellant and Mr S Pack of counsel of behalf of the respondent, the Commission, pursuant to the powers conferred on it by the Industrial Relations Act 1979 (WA) hereby orders –
(1) THAT the appellant’s application to tender new evidence be and is hereby dismissed.
(2) THAT the terms of Schedule 1 to the notice of appeal filed by the appellant on 18 March 2021, save for par 6 of Ground 2; pars 3, 4 and 5 of Allegation 2 and par 5 of the Relief Sought, will stand as the amended grounds of appeal.
(3) THAT the name of the respondent be amended by deleting “West Australian Police Force” and inserting “Commissioner of Police”
CHIEF COMMISSIONER S J KENNER
FOR AND ON BEHALF OF THE WESTERN
AUSTRALIAN INDUSTRIAL RELATIONS COMMSSION
APPEAL AGAINST THE DECISION OF THE COMMISSIONER OF POLICE TO TAKE REMOVAL ACTION
WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION
PARTIES Daren Lee
APPELLANT
-v-
West Australian Police Force
RESPONDENT
CORAM Chief Commissioner S J Kenner
SENIOR COMMISSIONER R COSENTINO
Commissioner T EMMANUEL
DATE Monday, 30 August 2021
FILE NO/S APPL 7 OF 2021
CITATION NO. 2021 WAIRC 00486
Result Order issued
Representation
Applicant Mr M Shipman of counsel
Respondent Mr S Pack of counsel
Order
HAVING heard Mr M Shipman of counsel on behalf of the appellant and Mr S Pack of counsel of behalf of the respondent, the Commission, pursuant to the powers conferred on it by the Industrial Relations Act 1979 (WA) hereby orders –
(1) THAT the appellant’s application to tender new evidence be and is hereby dismissed.
(2) THAT the terms of Schedule 1 to the notice of appeal filed by the appellant on 18 March 2021, save for par 6 of Ground 2; pars 3, 4 and 5 of Allegation 2 and par 5 of the Relief Sought, will stand as the amended grounds of appeal.
(3) THAT the name of the respondent be amended by deleting “West Australian Police Force” and inserting “Commissioner of Police”
Chief Commissioner S J Kenner
For and on behalf of the western
australian industrial relations commssion