Benchmark WA Industrial Relations Case Database

Daren Lee v West Australian Police Force

[2021] WAIRC 486 Single Commissioner (WAIRC) 2021-08-30 File: APPL 7/2021
Source
Chief Commissioner Kenner, Senior Commissioner Cosentino, Commissioner Emmanuel
Not yet cited by other cases
Treatment by later cases (2)
2 neutral
Applicant: Daren Lee
Respondent: West Australian Police Force (amended to Commissioner of Police)

Ratio

The Commission dismissed the appellant's application to tender new evidence but allowed amendments to the grounds of appeal and corrected the respondent party name from West Australian Police Force to Commissioner of Police as the proper employing entity under the Industrial Relations Act 1979 (WA).

Outcome

Resolved partial

Authority signal

Not yet cited by other cases Signal-weighted score: 1.6
Derived from how later decisions have treated this case. Dark green = leading authority, green = positively treated, grey = neutral or sparse data, amber = caution, red = treated negatively.

Key facts · 4

  • Application filed by Daren Lee on 18 March 2021
  • Original respondent named as West Australian Police Force
  • Appellant sought to tender new evidence
  • Grounds of appeal and relief sought were amended during proceedings

Legislation referenced

  • Industrial Relations Act 1979 (WA)

Concept tags · 7

[P]Internal appeals (FB, FWCFB) [P]Police / emergency services worker [P]WA police officer (MCE Act applies) [S]Interlocutory summary dismissal application [S]Joinder / amendment of parties [S]Reopening evidence [S]Standing to bring application

Subsequent treatment · 2

Cited / considered· 2

Cited
(2021) 101 WAIG WAIRC — Single Commissioner — OF 2021 CITATION NO. 2021 WAIRC 00486 Result Order issued Representation Mr...
Cited
(2021) 101 WAIG 12 WAIRC — Single Commissioner — M : CHIEF COMMISSIONER S J KENNER SENIOR COMMISSIONER R COSENTINO...
Archived text (216 words)
=== REASONS FOR DECISION === [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 ¶1 Order ¶2 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 – ¶3 (1) THAT the appellant’s application to tender new evidence be and is hereby dismissed. ¶4 (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. ¶5 (3) THAT the name of the respondent be amended by deleting “West Australian Police Force” and inserting “Commissioner of Police” ¶6 Chief Commissioner S J Kenner ¶7 For and on behalf of the western ¶8 australian industrial relations commssion