Ward v Commissioner of Police

John Ward brought an application to the Federal Court of Australia for an unlawful termination of employment and an application for a remedy. Mr Ward, who is an aboriginal, had been employed as an aboriginal aide appointed under s 38A(1)(b) of the Police Act 1892 (WA) and was terminated by the Commissioner of Police. The Commissioner argued that Mr Ward's attitude during a video-taped record of interview constituted a valid reason for termination. The court found that the Commissioner had not demonstrated a valid reason for the termination of Mr Ward's employment and that the termination was in contravention of s 170DE and s 170DC of the Industrial Relations Act 1988 (Cth). However, the court decided that reinstatement was not appropriate and instead ordered that compensation be paid to Mr Ward equivalent to four months of his salary immediately preceding his termination.