Dismissal of persons in positions of authority

People employed in positions of authority must be careful not to abuse that authority. But, a recent Employment Tribunal case shows just how careful such people have to be.

The Tribunal upheld the dismissal of an off duty Police Constable for presenting a police identification card to Casino security staff as evidence that he would not cause any trouble. Security staff were refusing the Constable and his friends entry to the Casino because they were intoxicated.

In 1992, Constable Philip Wilson joined the Police and was posted to Glen Innes. While stationed there, he was involved in four separate incidents, which eventually resulted in him being dismissed on 5 June 1997.

The first incident involved the misuse of a Police car. Constable Wilson used the car to take him and his girlfriend, and gain free access, to a rock concert. The Police charged him with an offence under its disciplinary code. He narrowly avoided dismissal after apologising for his actions and giving an assurance that he would "[keep his] nose so clean it [would] shine at night." He was however, fined $800.

The second incident involved a car accident while off duty. Constable Wilson identified himself as a Police Officer to the other driver and adopted an aggressive stance to match that of the other driver. He called the other driver a "hoon" and made a passing comment about the style of his car. The other driver complained to the Police about Constable Wilson's behavior.

The Police investigated the matter and concluded that once Constable Wilson had identified himself as a member of Police, he was obliged to act professionally and impartially. He had not done so on this occasion, and the incident was therefore recorded on his personal file.

The third incident involved Constable Wilson failing to undertake a formal investigation concerning reports of indecency in circumstances which suggested that a report should have been made.

The final incident occurred when security staff refused Constable Wilson (then off duty) and friends entry to the Christchurch Casino because they were too drunk. The group then tried to by-pass security by using another entrance, but were caught doing so. During discussion with security staff, Constable Wilson presented his Police identification pass to support the fact that he and his friends were not likely to cause any trouble if permitted entry.

The matter came to Police attention as a result of routine liaison with the Casino, and the Police charged Constable Wilson under the Police Regulations with conduct unbecoming of an off duty Police Officer. Constable Wilson pleaded guilty to the charge and the Tribunal member recommended that a penalty be imposed which did not involve dismissal.

The Deputy Commissioner and the Assistant Commissioner of Police disagreed with the Tribunal member's recommendation and, as a result, Constable Wilson was dismissed.

Constable Wilson brought a personal grievance for unjustified dismissal. He argued, amongst other things, that the incidents that occurred prior to the Casino incident were dead and buried and should not have been taken into account in deciding to dismiss him. He also argued that the Casino incident was not of itself sufficiently serious to warrant his dismissal.

The Employment Tribunal disagreed.

"This is not a case as in criminal matters where previous convictions cannot be taken into account in determining whether the defendant is guilty. In the employment context it was Mr Wilson's behavior into the future that was at question. Therefore the Commissioner was entitled to take into account the previous incidents in reaching his decision .... The cumulative effect of Mr Wilson's conduct was sufficient to warrant his dismissal," the Tribunal said.

More on Termination & Dismissal

An employer's rights: Surfing all the day	Driver lost license
Dealing with absent employees	Importance of procedural fairness
Must consult in redundancy dismissals	Dismissal must be procedurally fair
Misconduct discovered after dismissal	Another procedural fairness example
Dismissed for benefit fraud	Terminated before started
The danger of secret witnesses	Expired employment contract
Cannot intimidate employer	Cannot rely on police enquiry
Reasonable notice of redundancy	Contractural obligation must be met
Reinstatement and workplace democracy	Employment and criminal investigation
Attack not always good defence	Dismissal of persons in authority
Employee responds by going on offensive	Legality of secret video surveillance
ERA classifies contractor as employee	Redundancy law unchanged by ERA
Loss of use of company car	Significant difference
Resolution of criminal charges	Redundancy and changed hours
Discrimination for being non Asian	Cannot take retaliatory action
Failing to meet sales targets	Misconduct outside of work
Abuse of Internet & Email	Suicide and communication
Redundancy definition	Unjustified dismissal for pornography
Abandonment of employment

Alphabetical Index

Case Law