The issue in dispute It was common ground between the parties that the question to be determined in these proceedings is whether the Commissioner of Police was correct to act as it did by directing Ms Richardson to proceed on unpaid personal leave, having regard to the relevant provisions of the Agreement, the Commissioner of Police’s policies and the terms of AI 601. Consideration The Agreement The first point to be considered is whether the terms of the Agreement in relation to personal leave supported the Commissioner of decision in relation to Police’s Ms Richardson. This is relevant because as noted above, on 22 December 2017 the Commissioner of Police, by letter from Senior Sergeant Hoath of the Forensic Fingerprint Bureau, informed Ms Richardson that based on advice from the Commissioner of human resources staff, Ms Richardson, due to the Police’s health risks of her remaining in the workplace, was be placed on personal “to (sick) leave effective Ms Richardson was directed not to attend immediately”. work, unless informed otherwise. The letter from Senior Sergeant Hoath went on to to access any relevant leave entitlements available to say “You remain able you in line with [sic] the Public Service and Government Officers CSA General Agreement 2017 and the Public Service Award 1992 Ms Richardson did …” As not have any paid leave available, she was effectively on unpaid leave from 22 December 2017. The Agreement deals with sick leave entitlements in the personal leave clause. It is contained in Part 5: Leave, and is a lengthy clause. This clause replaced the Short Leave, Leave and Sick Leave provisions of the Award, and Carers’ combined them into one entitlement as an employee “Personal Leave”. Each year receives personal leave for present purposes, is that part of “credits”. Relevantly the clause for Personal which is in the following headed “Application Leave” terms: 22.24 Reasonable and legitimate requests for personal leave will be approved subject to available credits. Subject to clause 22.8 the Employer may grant personal leave in the following circumstances: (a) where the Employee is ill or injured; (b) to provide care or support to a member of the Employee's family or household who requires care or support because of an illness or injury to the member; or an unexpected emergency affecting the member;
The issue in dispute It was common ground between the parties that the question to be determined in these proceedings is whether the Commissioner of Police was correct to act as it did by directing Ms Richardson to proceed on unpaid personal leave, having regard to the relevant provisions of the Agreement, the Commissioner of Police’s policies and the terms of AI 601. Consideration The Agreement The first point to be considered is whether the terms of the Agreement in relation to personal leave supported the Commissioner of Police’s decision in relation to Ms Richardson. This is relevant because as noted above, on 22 December 2017 the Commissioner of Police, by letter from Senior Sergeant Hoath of the Forensic Fingerprint Bureau, informed Ms Richardson that based on advice from the Commissioner of Police’s human resources staff, Ms Richardson, due to the health risks of her remaining in the workplace, was “to be placed on personal (sick) leave effective immediately”. Ms Richardson was directed not to attend work, unless informed otherwise. The letter from Senior Sergeant Hoath went on to say “You remain able to access any relevant leave entitlements available to you in line with [sic] the Public Service and Government Officers CSA General Agreement 2017 and the Public Service Award 1992 …” As Ms Richardson did not have any paid leave available, she was effectively on unpaid leave from 22 December 2017. The Agreement deals with sick leave entitlements in the personal leave clause. It is contained in Part 5: Leave, and is a lengthy clause. This clause replaced the Short Leave, Carers’ Leave and Sick Leave provisions of the Award, and combined them into one entitlement as “Personal Leave”. Each year an employee receives personal leave “credits”. Relevantly for present purposes, is that part of the clause headed “Application for Personal Leave” which is in the following terms: 22.24 Reasonable and legitimate requests for personal leave will be approved subject to available credits. Subject to clause 22.8 the Employer may grant personal leave in the following circumstances: (a) where the Employee is ill or injured; (b) to provide care or support to a member of the Employee's family or household who requires care or support because of an illness or injury to the member; or an unexpected emergency affecting the member;
PSACR-5-2018-201800414.DOCX