Hugh Gerrard Brennan v Commissioner of Police [2007] NSWIRComm 229

Industrial Relations Commission of New South Wales

CITATION: Hugh Gerrard Brennan v Commissioner of Police [2007] NSWIRComm 229

APPLICANT: Hugh Gerrard Brennan PARTIES: RESPONDENT: Commissioner of Police

FILE NUMBER(S): IRC 2864 of 2006

CORAM: Haylen J

Termination of employment - police officer - application to review decision of Commissioner of Police to remove applicant from Police service on grounds of lack of confidence - questions raised about conduct of officer during brawling behaviour by groups of youths in vicinity of a Leagues Club - officer found guilty on two counts of common assault in Local Court - excessive use of force during arrest - unauthorised use of capsicum spray - community service ordered - appeal to District Court - conviction regarding use of capsicum spray set aside - 2 year good behaviour bond substituted for community service penalty in other assault matter - Commissioner decides to remove officer after conviction in Local Court but before penalty imposed - substantially different picture of events emerges in District Court - balance of interest of officer and public interest considered - applicant discharges onus of showing termination harsh - dismissal a disproportionate punishment in all circumstances - officer reinstated to Police service with continuity of service but without payment for period of absence from Police service

Police - termination of employment - review under s 181E Police Act 1990- s 181D - s 181F - s 181G - questions raised about conduct of officer during brawling behaviour by groups of youths in vicinity of a Leagues Club - officer found guilty on two counts of common assault in Local Court - excessive use of force during arrest - unauthorised use of capsicum spray - community service ordered - appeal to District Court - conviction regarding use of capsicum spray set aside - 2 year good behaviour bond substituted for community service penalty in other assault matter - Commissioner decides to remove officer after conviction in Local Court but before penalty imposed - substantially different picture of events emerges in District Court - balance of interest of officer and public interest considered - applicant discharges onus of showing termination harsh - dismissal a disproportionate punishment in all circumstances - officer reinstated to Police service with continuity of service but without payment for period of absence from Police service