Western Australian Industrial Relations Commission

Transit officer acted with reasonable cause in deploying oleoresin capsicum spray

A transit officer whose employment was terminated for allegedly using excessive force by deploying OC spray during the course of an incident at the Perth Railway Station, has successfully challenged his dismissal.

 

The Public Transport Authority contended that the transit officer’s dismissal was the appropriate and proportionate response to his conduct on the night in question.

 

The Commission found the transit officer had a basis to believe, on reasonable grounds, that he was about to be spat upon by the person of interest and his deployment of OC spray was to prevent that occurring. While with the benefit of hindsight, the transit officer could have taken an alternative course by creating more distance between himself and the person of interest, the Commission found he acted with reasonable cause, and that his subsequent dismissal was harsh, oppressive and unfair.

 

Having regard to the fact that the transit officer could have taken an alternative course, the Commission ordered the transit officer be demoted two increment levels to a Level 3 position, with payment of remuneration lost and continuity of service for benefit purposes.

 

The decision can be read here.

 

Contact Us

Western Australian Industrial Relations Commission
17th Floor
111 St Georges Terrace
PERTH WA 6000

Phone : (08) 9420 4444
Facsimile : (08) 9420 4500
Free Call : 1800 624 263

Free Fax :1800 804 987

Email : Registry

 

You are here: Home > News > Transit officer acted with reasonable cause in deploying oleoresin capsicum spray