TERMINATION OF EMPLOYMENT – misconduct – ss.387, 394 Fair Work Act 2009 – application for relief from unfair dismissal – confidentiality order issued at beginning of proceedings – applicant employed as Corrective Service Officer (CSO) – dismissed for ‘gross misconduct’ – used unreasonable and unjustified force on prisoner – serious breach of the respondent’s Code of Conduct and Ethical Behaviour policy – applicant submitted no evidence of wilful or deliberate misconduct in particular incident – further submitted reasons for termination not defensible or justifiable on objective analysis of relevant facts and were prejudiced and not supported by credible evidence – respondent alleged applicant’s conduct was not authorised by s.143 of Corrective Services Act 2006 (Qld) (CS Act) – submitted use of force should be last resort – alleged applicant knowingly made false declaration in an official record – further submitted Commission should take into account special vulnerability of prisoners towards CSOs – Commission found that no witness gave evidence that strictly supported CCTV footage – Commission accepted respondent’s findings of investigation – found that applicant’s actions were not lawful actions required pursuant to s.143 of CS Act – satisfied of valid reason for dismissal and that misconduct was serious breach of respondent’s code of conduct – dismissal not harsh, unjust or unreasonable – application dismissed. Mr S v Respondent
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