SACKED for doing his magic act, former police officer Shayne Richards has won his case against unfair dismissal.
After a three-year battle against the NSW Police Force, the Goulburn-based officer had his dismissal quashed by the Industrial Relations Commission (IRC) last week.
On Sunday, five days after the ruling Mr Richards was out doing what he loves, performing as a magician at the Mittagong Preschool Bush Fun Run.
A police officer since 1993, he was working at Goulburn Police Station in January 2006, on permanent restricted duties.
Mr Richards said he was injured during a riot ten years ago. He was assessed by a police medical officer in 2002 and given the choice of either being medically discharged or being placed on permanent restricted duties.
In 2007 he was dismissed from the force for having a second job as the Magic Jester.
All secondary employment had to be approved by the then commander of the Goulburn Local Area Command (LAC), Chief Superintendent Benson.
In January 2006, this was granted for a period of three months. It was advised that sick leave history would be monitored and reviewed on a regular basis. Increased levels of absence would lead to it being withdrawn.
The commander later revoked it in 2006.
Court documents tendered stated this was after a review was done and a decision was made due to an unsatisfactory level of attendance and increased level of sick leave taken.
Mr Richards said he continued to work as the Magic Jester and disobeyed the commander’s direction.
This included performances at Bowral Public School Billycart Derby and Market Day, in August 2006.
Justice Frank Marks said his decision was based solely on the failure by the then Police Commissioner Ken Moroney to give Mr Richards an opportunity to respond to all the reasons that he had been removed from the police force.
Mr Richards said he was happy the process was over.
“It has been a hard three years,” he said.
Mr Richards now has to mediate with the police about whether he can work for NSW Police again or if compensation is the best way forward.