| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2014] NZERA Wellington 5 |
| Determination date | 15 January 2014 |
| Member | T MacKinnon |
| Representation | P Brosnahan ; P Churchman |
| Parties | Graveson v Commissioner of Police |
| Summary | PRACTICE AND PROCEDURE - Applicant sought removal of matter to Employment Court (EC") on ground important question of law likely to arise and in all circumstances matter should be determined by EC - Applicant claimed in public interest matter determined by Court as proceedings would raise serious allegations against senior officers of New Zealand Police - Applicant claimed conflicting evidence required cross examination - Questions relating to State Sector Act 1988 and scope of disadvantage grievance in context of promotion - Questions likely to arise not specified - Police officer" |
| Abstract | AUTHORITY FOUND -;PRACTICE AND PROCEDURE: Right to cross examine available in Authority. Removal not necessary to deal with conflicts. Seniority of Police officers against whom allegations had been made did not lend weight to application. No difference between classes of employees or relationships in personal grievance provisions of ERA. Difficulty assessing likelihood of important questions of law arising in absence of any indication what questions may be or how questions would relate to grievance. Important questions of law unlikely to arise other than incidentally. Application for removal declined. |
| Result | Application declined; Costs reserved |
| Main Category | Practice & Procedure |
| Statutes | ERA s160(1)(a) - ERA s160(2) - ERA s160(2A) - ERA s161 - ERA s178 - ERA s178(2) - ERA s178(2)(b) - ERA s178(2)(d) - ERA s189(2) - ERA Second Schedule cl5 - ERAA s29(1) - State Sector Act 1988 s65 |
| Cases Cited | Andrew v Commissioner of New Zealand Police [2003] 2 ERNZ 514;Centre for Advanced Medicine Ltd v Sprott unreported, Shaw J, 10 May 2005, AC20/05;Coy v Commissioner of Police unreported, H Doyle, 19 April 2007, CA46/07;Hawkins v New Zealand Police unreported, Couch J, 1 Sept 2005, WC19/05 |
| Number of Pages | 6 |
| PDF File Link: | 2014_NZERA_Wellington_5.pdf [pdf 105 KB] |