Ian Stewart... had case awarded against him
Ian Stewart... had case awarded against him David Stuart

Former Rocky cop wins legal battle after sacking threat

A FORMER Rockhampton police officer, who was told he'd be sacked if he didn't retire because he had post-traumatic stress disorder, has won his case in Brisbane Supreme Court.

Justice Peter Flanagan this morning handed down his judgment after a hearing was held last month between the former senior constable, Mark O'Donnell, and his police bosses.

Justice Flanagan found in favour of Mr O'Donnell and ordered his former employer, the police commissioner, to set aside its decision to force the officer to retire.

Justice Flanagan said the commissioner's decision breached natural justice and failed to take relevant considerations into account.

He ordered the commissioner to consider the matter again, according to law, and pay Mr O'Donnell's costs.

When he was working as a police officer, Mr O'Donnell's employer ordered him to be assessed by a psychiatrist to determine whether he was fit to work.

This order came after his employer raised suspicions about Mr O'Donnell's condition and post-traumatic stress diagnosis.

After assessing Mr O'Donnell, the psychiatrist sent a report to the police bosses deeming the officer unfit for work.

Mr O'Donnell was then told to retire or he would be dismissed.

He took his former bosses at the time, police deputy commissioner Brett Pointing and the police commissioner Ian Stewart, to the Supreme Court to review the decision.


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