Polizzi v Commissioner of Police

[2015] WASCA 46

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Industrial Law (WA)
2. › Police officers
3. › Removal from office
4. › Appeal to Industrial Relations Commission
5. › Whether harsh, oppressive or unfair
6. › Further appeal to Industrial Appeal Court
7. › Whether court has jurisdiction to hear appeal
8. › Industrial Relations Act 1979 (WA), s 90(1)
9. › Police Act 1892 (WA), ss 33P, 33S, 33U

Quick Take

The right of appeal to the WA Industrial Appeal Court under s 90(1) of the Industrial Relations Act 1979 (WA), as modified by the Police Act 1892 (WA), does not extend to appeals from Commission decisions that a police officer's removal was not harsh, oppressive or unfair. The breadth of grounds of appeal alleged cannot alter the characterisation of the decision being challenged.