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

DOCX | 26kB
2021 WAIRC 00486
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

Daren Lee -v- West Australian Police Force

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