McKay v Commissioner of Police

This case involves an application by Jennifer Lorraine McKay against the Commissioner of Police for the grant of an order nisi for the issue of a writ of certiorari against the Western Australian Industrial Relations Commission (WAIRC). The applicant seeks relief in respect of her dismissal from the Western Australia Police Force. The legal issues before the court were whether the WAIRC had failed to exercise its jurisdiction by not determining a claim of bias against Superintendent Green and whether the WAIRC had erred in matters of law. The court found that the WAIRC had properly exercised its jurisdiction by considering whether the Commissioner of Police's decision was harsh, oppressive, or unfair. The court found that the question of whether Superintendent Green was biased was irrelevant to the WAIRC's jurisdiction. The court also found that the WAIRC had adequately considered the adequacy of the investigation that preceded the Commissioner of Police's decision. The court dismissed the application, and the applicant was ordered to pay the respondent's costs of the application.