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Correctional Officer with 16 years’ unblemished history dismissed due to out of hours criminal condu

A recent decision of the NSW Industrial Relations Commission has provided additional guidance to employers on the approach to be taken when dealing with misconduct matters occurring out of the workplace, and outside normal work hours. In this case, a correctional officer convicted of assaulting a fellow colleague at the races in an incident involving his wife had his employment terminated. An application for reinstatement was dismissed by the Commission on the grounds his out of hours conduct was inconsistent with the values of his employer. Facts Mr Kenneth McFarlane was employed by Corrective Services NSW as a First Class Correctional Officer. On 6 August 2015, while off duty, Mr McFarlane

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