Coleman v Commissioner of Police

Coleman commenced proceedings against the Commissioner of Police in the Industrial Relations Commission of New South Wales, contesting a decision regarding her eligibility for promotion. The core issue was whether the complainant met the requisite ethical and conduct standards set by the respondent for the position of 98/652. Additionally, the matter included a claim for damages and costs associated with the proceedings.

The court identified the need to determine if the complainant satisfied the respondent's ethics and conduct standards, and if so, whether the respondent should take steps to appoint her to the specified position. Furthermore, the court had to assess the complainant's entitlement to damages and costs. The court considered the respondent's failure to investigate the complainant's eligibility for promotion and the impact of this failure on her career prospects. It also evaluated the appropriate quantum of damages and the necessity for the respondent to compensate the complainant for the distress and inconvenience caused.

The court found that the respondent did not adequately investigate the complainant's eligibility for the position, and this oversight prejudiced her promotion prospects. Consequently, the court ordered the respondent to carry out the requisite ethics and conduct enquiries and, if the complainant met the standards, to appoint her to the position. Additionally, the court awarded the complainant damages of $6,500 for the distress and inconvenience caused by the respondent's failure. The court also ordered the respondent to pay the complainant's costs on a party/party basis, with a mechanism for determining the quantum of costs if the parties could not agree. The court granted both parties the liberty to apply to the Tribunal regarding the operation of these orders.