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TASMANIAN INDUSTRIAL COMMISSION

Industrial Relations Act 1984
s70(1)(b) Appeal against an Order

Commissioner of Police
(T10313 of 2002)
and
Andrew Scott Gunston

Andrew Scott Gunston
(T10316 of 2002)
and
Commissioner of Police

 

FULL BENCH:
PRESIDENT P L LEARY
DEPUTY PRESIDENT R J WATLING
COMMISSIONER P C SHELLEY

HOBART, 8 July 2003

Appeal against a decision handed down by Commissioner T J Abey arising out of T9986 of 2002 - Appeals withdrawn - Confidential settlement - Agreement to vacate Commissioner Abey's Order

RESCISSION OF ORDER

[1] In matter T9986 of 2002 Commissioner Abey determined that Andrew Scott Gunston:

"be re-employed by Tasmania. Police at the rank and salary applicable immediately prior to his termination, such re-employment to take effect from 8 June, 2002."

[2] Commissioner Abey's decision was appealed by the Commissioner of Police (T10313 of 2002) arguing that Commissioner Abey had erred in finding that there had been no valid reason for the termination of Mr Gunston's employment and finding that the termination had been unfair.

[3] Mr Gunston also appealed Commissioner Abey's decision (T10316 of 2002) claiming that the Commissioner should have ordered he be re-instated to his former position rather than be re-employed.

[4] The appeals were joined and heard together.

[5] The Full Bench upheld the decision of Commissioner Abey dismissing the appeal by the Commissioner of Police in respect to the finding of Commissioner Abey that the termination of Mr Gunston was unfair and that no valid reason existed for the termination.

[6] The matters were relisted for further hearing in respect to those grounds of appeal which related to remedy.

[7] At all stages during the proceedings before Commissioner Abey and before the Full Bench the parties have been encouraged to reach agreement to settle the original application by Mr Gunston.

[8] Agreement has now been reached, the terms of which are confidential.

[9] Settlement includes each party withdrawing their respective appeal, such withdrawal removes the stay against Commissioner Abey's decision.

[10] Mr Gunston does not oppose the vacation of Commissioner Abey's order.

[11] Accordingly, and pursuant to s19(2)(a) and s.20(1)(b) of the Industrial Relations Act 1984, we hereby rescind the ORDER of Commissioner Abey in Matter T9986 of 2002.

 

P L Leary
PRESIDENT

Appearances:
Mr M Miller with Mr F Ogle for the Commissioner of Police
Mr C Green of Page Seager, Barristers and Solicitors for Mr A Gunston

Date and place of hearing:
2003
June 26
Hobart