Sacked PC should get job back, tribunal rules
NWPA former PC sacked after he smashed his ex-girlfriend's phone should get his job back, an appeals tribunal has ruled.
Owain Lewis lost his job last year after a panel was told he found his partner in bed with another man in September 2022.
A hearing at North Wales Police's Colwyn Bay headquarters last August was told Lewis and the other man scuffled at the home the couple then shared in Buckley, Flintshire.
He also threw cold food "in the direction of, but not at" his girlfriend.
The panel found this behaviour did not amount to gross misconduct but concluded actions during a December visit did.
By then he had moved out, but after a night out he went there at about 04:00 GMT and there was an argument.
The panel heard she jabbed her phone at his chest and Lewis threw and broke it.
Gross misconduct was found proven and Lewis was dismissed without notice.
Overturning that decision, Police Appeals Tribunal chairman, Sam Stein KC, said the panel erred by finding throwing the phone met the definition of domestic violence.
The appeal tribunal did not agree Lewis throwing the phone during the argument was within the definition of "violent or threatening behaviours".
The tribunal decided: "His conduct although falling short of gross misconduct amounts to misconduct in falling below the standard of professional behaviour expected from a police officer.
"We have decided that the appropriate finding should have been misconduct and that a final written warning for a period of two years is the appropriate disposal of this matter.
"The consequence of this ruling is that he should be re-admitted to the police service as soon as possible."
