Queensland Industrial Relations Commission (QIRC) Decides Brar v State of Queensland (Queensland Police Service) [2023] QIRC 142

This article highlights the importance of an officer’s private conduct while being off-duty and the suitability to remain in the police force when that suitability comes under scrutiny for misconduct. In general, it also reminds all the public sector employees who are serving their probationary periods that any misconduct can cost their jobs and their reputation.

How did it start?

Mr Tanvir Brar was a probationary Constable with the QPS. Sometime in April 2019, he visited ToyBox Showgirls on the Gold Coast with several friends to attend his bachelor party celebrations. Upon entry to the club, Mr Brar retrieved his driver licence which he kept in his official police wallet and produced that licence to security. It was alleged that while being in the adult club, staff requested Mr Brar to put his mobile phone away as the club alleged he was taking photos, however, Mr Brar contended that he was following the Indian Premier League matches. After certain arguments, the manager, Ms Mann grabbed Mr Brar’s arm and escorted him out of the club.  Ms Mann subsequently issued a ban notice and Mr Brar also lodged an assault complaint at the Surfers Paradise police station which he later withdrew.  QPS then issued a show cause letter to Mr Brar and following a disciplinary findings by QLD police, Mr Brar was finally dismissed.

What allegations Mr Brar was facing?

He was facing three allegations; allegation one concerned with him having engaged in unprofessional personal conduct towards an employee of the ToyBox; allegation two concerned with Mr Brar accessing QPRIME records on nine occasions without authorizations or justifications in or about 2019, and allegation three concerned with Mr Brar having displayed behavior, and attitude unbecoming of an employee of the Queensland Police Service.

What was the gist of Mr Brar’s defence?

He questioned whether his dismissal was proportionate to the disciplinary findings as he observed that it was open to the Acting commissioner Pond to determine lesser penalty. He also argued that his dismissal was harsh, unjust and unreasonable. He further argued that although he had improper access to QPRIME, but other police officers who have been disciplined for unauthorized use of QPRIME have been subject to penalties well short of termination of employment. He also submitted that he was charged with the summary offence of accessing QPRIME simplicitor; and not the more serious offence of accessing the database: and gaining or intending to gain a benefit and that he did not access any file other than his own.

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Take-home message

If you are a First Year Constables, and are going out to drink, leave the badge at home and ensure that you comply with the provisions of the Code of Dress and Code of Conduct at all times.

For advice or assistance with all employment law matters contact the Employment Law Team at Aylward Game Solicitors today on 1800 217 217