The Commission has found a decision to dismiss a prison officer was lawful, where the prison officer engaged in misconduct by failing to disclose the true nature of a personal relationship with a prisoner.

Background

The applicant was employed as a prison officer for over ten years. In February 2020, the applicant returned from annual leave and submitted a declaration of conflict of interest to declare an association or relationship with a prisoner (S). In the declaration of conflict of interest, the applicant stated that the nature of the relationship with S was through attendance at a church.

In April 2020, the applicant was suspended, and an investigation commenced into allegations of misconduct, including that that the applicant had failed to declare the true nature of the personal relationship with S; that the applicant had falsely declared the nature of the relationship with S; and that the applicant had provided false, dishonest and/or misleading information in a disciplinary investigation. The investigation found five allegations of misconduct to be substantiated, and the applicant was dismissed.

Contentions

The applicant submitted that he was not guilty of the allegations, that the respondent did not uphold procedural fairness or provide sufficient enquiry. The applicant argued that the allegations were inadequate or not clearly articulated. The applicant conceded that he had interactions with S, including regularly socialising with S; having S attend his home; and paying for S to accompany him on a holiday. The applicant submitted, however, that these close interactions did not change the nature of the relationship.

The respondent submitted that the investigation was fair. The respondent contended that prison officers, in a position of trust, displayed honesty and integrity. The respondent contended that, if the findings of misconduct were upheld, then the dismissal is not disproportionate or unfair.

Findings

The Commission found that the respondent conducted a fair and thorough inquiry, and that it was open to the respondent to find that at least four of the five allegations were substantiated in full. The Commission considered that the applicant had not declared the true nature of his relationship and association with S, and this undermined the necessary trust and confidence the respondent is required to hold in its prison officers.

The Commission, in considering the applicant as a witness, noted that he was evasive and unforthcoming, and at times implausible. The Commission considered that the applicant displayed a lack of integrity, judgment and insight, and that he had not simply made a mistake he had learned from. Given this, the Commission found that counselling could not be an appropriate alternative outcome, and that dismissal was a proportionate response. The Commission found that dismissal was not harsh, oppressive or unjust, and the application was dismissed.

The decision can be read here.