The worker was effectively left in the dark about what alternatives might be acceptable to police, with management considering undisclosed factors, including location and work with females, when evaluating his proposals.
ERA findings on suspension justification
The ERA found that while the Policing Act permits suspension, it must still be exercised consistently with employment agreement terms and good faith duties.
The Authority noted that immediate steps were not taken when police first became aware of the allegations, with the worker continuing to interact with the complainant for some time before suspension.
The ERA concluded that, given the steps taken and what was known, including that the worker had remained in the workplace without further alleged issues, police were required to put a suspension proposal to him before actually suspending him.
While this may not have changed the result, the worker was disadvantaged by being excluded from the workplace without that opportunity.