AAP – 16 July 2002

A university security officer accused of drinking beer on the job and another who organised sick days and slept at work have won their unfair dismissal cases.

Western Australia's Curtin University of Technology today lost its bid to appeal against the sacking of security guards Eric Tapping and Allan Ryder.

The full bench of the Australian Industrial Relations Commission (AIRC) in Sydney today dismissed an application by the university to appeal against an earlier ruling that the terminations had been harsh and unfair.

The pair had been security officers at the university's Bentley campus and were sacked in April last year for serious misconduct. The commission was told Mr Ryder, a guard at the university for 10 years, was found drinking a can of VB in a carpark at the campus while on duty.

Mr Tapping, who had been employed by Curtin for nearly 30 years, was dismissed for sleeping on duty and neglecting duties.

The commission was told the misconduct by Mr Tapping included suggesting other guards should lock themselves in a control room during an incident at the university tavern to avoid attending the scene. Mr Tapping was accused of offering no assistance to officers who attended and dealt with a seriously-injured member of the public.

His misconduct also included missing shifts by pre-arranging sick days, or "scratchies".

Both guards were dismissed without notice and soon after lodged unfair dismissal cases.

In a decision earlier this year Commissioner Annette Larkin found the dismissals were unfair. She said Mr Ryder had admitted drinking the can of beer, but it was after his shift had ended. Commissioner Larkin said while Mr Tapping was not an exemplary officer, he worked within a particular culture that had evolved over time.

"... it was possibly beyond Mr Tapping's control to be anything other than the officer he was," she found.

But she said pre-arranging sick days and the possible neglect of patrolling procedures did not justify termination. The full bench today backed her ruling and dismissed an appeal by the university.

The university has been ordered to pay Mr Ryder $30,400 and reinstate him. Mr Tapping is to be paid $18,400 in lieu of reinstatement.