| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 30/04 |
| Determination date | 11 March 2004 |
| Member | D Asher |
| Representation | N Sainsbury ; C Chauvel |
| Location | Wellington |
| Parties | Smith v Attorney-General for & on behalf of the Commissioner of Police |
| Summary | PRACTICE AND PROCEDURE - Application for removal of matter to Employment Court - Tribunal convened under Police Act 1958 concluded applicant guilty of disgraceful conduct - Respondent contemplating penalty options including dismissal - Alleged tribunal decision flawed - Sought to halt respondent's decision as to punishment - Alleged important questions of law - Whether tribunal's decision so flawed as to render it unsafe - Process involved consideration of administrative law principles - Alleged certainty matter would reach Employment Court - No important question of law - Matter based on factual evidence not questions of law - Application for removal declined - Police officer |
| Result | Application dismissed ; Costs reserved |
| Statutes | ERA s157;ERA s159(1)(b);ERA s178;Police Act 1958 s5 |
| Cases Cited | Hanlon v International Educational Foundation (NZ) Inc [1995] 1 ERNZ 1;Waugh v Commissioner of Police unreported, D Asher, 10 March 2003, WA 30/03 |
| Number of Pages | 7 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |