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Police officer wins court stay on sacking

The Commissioner of Police was yesterday ordered to hold off on the dismissal of a police officer who claimed he was fired unfairly.

Marcus Uddin was scheduled to be dismissed by August 31, but he applied for the decision to be reviewed by the Supreme Court.

Puisne Judge Shade Subair Williams said she would make an order to suspend the dismissal until September 10, when the court will hear an application for leave to take the case to judicial review.

Victoria Greening, who appeared for Mr Uddin, said her client was told to undertake an “informal action plan” after he was accused of failing to comply with instructions.

She added that he had been told he was “on track” and improving but, despite any further complaints, he was later told he would be fired.

Ms Greening said: “Not only was it unlawful and unfair, but my client had a legitimate expectation that he would be given the opportunity at the very least to complete the plan.”

She also told the court that Mr Uddin had not been accused of gross misconduct or any serious offences that would raise concerns about his continued employment.

Ms Greening said: “At this stage it’s a simple situation where halfway through his action plan he was dismissed. There were no additional charges.”

She added that her client could suffer “irreparable damage and harm” if the stay of his dismissal was not given, particularly as his termination date had passed.

There was no one in court to represent the Commissioner of Police at the hearing, but the court heard that counsel for the Commissioner were served “on short notice”.

Mr Uddin has asked the court to order his reinstatement, along with a declaration that his dismissal was unreasonable or unlawful and an order for damages.

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