| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 4A/03 |
| Hearing date | 24 Mar 2003 - 18 Jun 2003 (6 days) |
| Determination date | 11 November 2003 |
| Member | P R Stapp |
| Representation | K Grass (in person) ; R Chan, C Inglis |
| Location | Christchurch |
| Parties | Grass v The Commissioner of New Zealand Police |
| Summary | UNJUSTIFIED DISADVANTAGE - Prosecuted by respondent following complaint of dangerous driving - Stood down for one day while acting sergeant - Forbidden from driving police vehicles for four days - Alleged that other police officers were solicited for unfavourable reports about applicant - Memorandums generated about applicant's alleged insubordination, disobeying unlawful instruction and poor performance - Applicant disliked by some colleagues but not enough to constitute proof of unjustified action - Matters related to proper operational circumstances, day to day management issues and performance - No unjustified disadvantage - UNJUSTIFIED DISMISSAL - Constructive dismissal - Received lowest rating available for performance appraisal - During resolution process to challenge appraisal previously unseen appraisal form with more detail was tabled - Applied for voluntary medical disengagement - Open to respondent to carry out performance appraisal - Poor practice in tabling of unseen appraisal form but events insufficient to claim serious breach of employment terms and conditions - Alternative avenues and procedures including claim for unjustified action - No dismissal - Police officer |
| Result | Applications dismissed ; Costs reserved |
| Statutes | ERA s252(a);ERA s252(b);Employment Tribunal Regulations 1991 r49 |
| Number of Pages | 24 |
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