| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 278/03 |
| Determination date | 09 September 2003 |
| Member | R A Monaghan |
| Representation | J Burley ; R Burns |
| Location | Auckland |
| Parties | Stewart v The Commissioner of Police |
| Summary | PRACTICE AND PROCEDURE - Application for removal of proceedings to Employment Court - Alleged important questions of law - Whether prosecution of disciplinary charges under Police Act 1958 amounted to breach of good faith - Whether Court or Authority had jurisdiction to determine whether disciplinary investigation could continue - Whether Court or Authority had jurisdiction to award remedies sought - Alleged disciplinary investigation could have affected right against self-incrimination - Alleged actions amounted to breach of Health and Safety in Employment Act 1992 - Questions regarding jurisdiction important questions which warranted removal - Issues regarding Health and Safety in Employment Act 1992 appropriately heard by courts of general jurisdiction - Other claims not important questions of law warranting removal |
| Result | Application granted in part ; No order for costs |
| Statutes | ERA s4;ERA s103(1)(b);ERA s161;HSE;Police Act 1958;Police Regulations 1992 |
| Number of Pages | 4 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |