| Summary |
INTERIM INJUNCTION – Application for interim reinstatement – Applicant dismissed following respondent’s conclusion that applicant breached code of conduct through contact with partner of prisoner and by searching prisoner records on computer system without legitimate purpose – Twenty-six years service - Authority found two facets of applicant’s case established arguable case – Regarding procedure, applicant claimed respondent improperly gave weight to earlier warnings about which applicant had raised personal grievances – Regarding substantive decision, applicant claimed code of conduct not breached – Respondent accepted that applicant established weak arguable case for purposes of interim reinstatement – Authority found applicant had arguable case – Considering balance of convenience, applicant claimed disadvantaged in seeking alternative employment due to length of service with respondent – Authority found no evidence that applicant attempted to find work, nor any suggesting that applicant unable to do so because of long service, dismissal or economic recession – Authority accepted applicant bore financial burden while awaiting determination, but noted investigation meeting for substantive claim scheduled for ten weeks away – Authority found greater risk of detriment or injury lay with respondent if applicant reinstated – Found respondent able to point to conduct incompatible with continued faithful discharge of employee’s duties – Authority accepted that at interim stage, given applicant’s views on conduct, was real risk that may repeat actions if reinstated – Potential effect on third parties (applicant’s family, respondent’s staff and prisoners) did not favour either party – If applicant substantively successful, later reinstatement and monetary remedies still possible and would adequately compensate – Garden leave inappropriate – Found overall justice lay with respondent – Found respondent’s case appeared stronger which had bearing on likelihood of reinstatement – Authority noted evidential difficulty for applicant due to apparent connection between subjects of allegations, and applicant’s acceptance that visited woman after woman charged with drug-related offences – Authority declined to consider potential negative media publicity and political consequences for respondent – Application for interim reinstatement declined - Principal Corrections Officer |