Commission decides if police worker unfairly dismissed
The Industrial Relations Commission of New South Wales (IRC NSW) recently dealt with a case involving a worker who argued her removal from the NSW Police Force was unjust.
In its defence, the employer leveled three groups of allegations against the worker which ultimately warranted her dismissal from employment.
3 groups of allegations for dismissal
Prior to the case, the worker had worked for the NSW Police Force in a civilian capacity for six years before ultimately deciding to join the police force.
“On 3 May 2014 the [worker] attested as a Probationary Constable and on 2 May 2015 she was confirmed as a Constable of Police,” the Commission stated.
At the time of her removal, the worker had been a police officer for around six and a half years. However, due to a workplace injury, she had only performed the principal work of a police officer for less than three and a half years.
The NSW Police Force argued that it removed the worker from her employment based on three groups of allegations.
- Failure to assist a client who was reporting her concerns regarding domestic issues. The worker also behaved in a “rude and unprofessional manner” toward the client.
- Inappropriate conduct relating to the seizure of licensed firearms from a member of the public.
- Mishandling a statement obtained by the worker from a member of the public.
Despite the employer’s allegations, the worker directly denied engaging in the specific conduct and said that the allegations in the first group could not support a removal according to the Police Act.
Further, the worker argued that the allegations set out in group two were too misunderstood to the point that instead of these being bases to remove her, she should have been commended for the actions she took.
HRD previously reported about the case of a police officer who was removed from service due to sexual harassment allegations, amidst his defense that he is “socially awkward” and has no other intention but to be “friendly.”
Workplace ‘rife with factions, personal agendas and animosity’
After examining the case, the IRC NSW noted that the worker’s removal from the police force was harsh and unjust.
In deciding the case, the Commission stated that the worker’s workplace, was in no doubt, “rife with factions, personal agendas and animosity between police officers of various ranks.”
It further noted that because of the lower magnitude of the misconduct alleged against the worker, removal based on several of the employer’s allegations would be unjust.
However, the Commission also concluded that the worker’s removal, which was based on two allegations (obtaining a statement from an individual where the worker failed to avoid a conflict of interest and repeatedly asking an individual to provide a statement to help solve the worker’s issues) was not unjust.
Ultimately, while the Commission found it inappropriate to make a reinstatement, it noted an order of compensation to the worker in the amount of the remuneration received by the worker during the 13 weeks immediately before her removal from the NSW Police Force.
