Beards: Police officer Michael Kuyken fronts the media after an initial hearing in October. Source: HWT Image Library
A GROUP of officers challenging a Victoria Police ban on beards and ponytails will have to pursue their discrimination bid in their own time.
Leading Senior Constable Michael Kuyken accused the police force of victimising the 16 officers behind the discrimination claim in the Victorian Civil and Administrative Tribunal (VCAT) by forcing them to wage a legal battle against the dress code while off-duty.
The officers wanted to be paid and on-duty when attending the tribunal hearing as they fight Chief Commissioner Ken Lay's decision at the start of this year to tighten up the force's dress code after they had worked for nearly 10 years under more lenient rules.
Const Kuyken, representing the group, said the officers suffered detriment as a result of having to go to the tribunal on leave or on off-duty days and were not given proper support in rostering to attend.
"We have not sought to claim any allowances other than our normal day's pay," Sen Const Kuyken told the tribunal.
Mr Lay's lawyer Jack Tracey said the officers had not been victimised, and had been supported.
"To the contrary, this is not victimisation, it's actually assisting applicants in bringing proceedings," Mr Tracey told the tribunal.
Mr Tracey said the state should not be required to pay individuals representing themselves in personal claims.
"A situation where claims are being brought in the personal interests of alleged members, there is no way of suggesting reasonably this is a situation where they are on-duty."
VCAT senior member Genevieve Nihill said she was not satisfied the officers were acting on official police business and threw out the application.
"I'm not satisfied that there is any detriment to applicants attending proceedings," Ms Nihill said.
Ms Nihill conceded there needed to be sufficient time to plan around the officers' rosters and said any damages could be pursued by the officers if their discrimination claim was successful.
Outside the hearing, Sen Const Kuyken said the officers would continue their fight to uphold their rights.
"It's very disappointing since we are complying with the police manual to report misconduct," he told reporters.
The matter will return to the tribunal for a hearing in June.
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