| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 30A/04 |
| Determination date | 01 April 2004 |
| Member | D Asher |
| Representation | R Crotty ; C Chauvel |
| Location | Wellington |
| Parties | Smith v Attorney-General for & on behalf of the Commissioner of Police |
| Summary | PRACTICE AND PROCEDURE - Application for stay of proceedings - Applicant found guilty of charges of disgraceful conduct by Police Disciplinary Tribunal - Claimed not reasonable or justified for Commissioner to rely on Tribunal's decision - Claimed that failed to take information into account and failed to order rehearing - Sought interim injunction prohibiting Commissioner from relying on Tribunal decision pending resolution of grievance - Respondent sought Authority proceedings be stayed until outcome of disciplinary process known - Granting stay application had same effect as finding against application for interim relief - Authority had power to grant stay pursuant to s157 Employment Relations Act 2000 - Applicant's rights of appeal not rendered nugatory by grant of stay of proceedings - Applicant not injuriously affected by stay - No great novelty and importance in question involved - Applicant was presenting fear that future grievance might arise as grievance in own right - That could not prevent respondent conducting disciplinary process - No evidence Commissioner unfairly or unreasonably declined to grant rehearing - No prejudice to rights or redress applicant might have in future with regard to Commissioner's final decision - Commissioner entitled to complete process - Commissioner aware of applicant's concerns about Tribunal's conclusions - Balance of convenience favoured respondent - Overall justice meant Commissioner free to complete disciplinary process - Parties encouraged to settle on own terms - Police Officer |
| Result | Application for stay of proceedings granted ; Costs reserved |
| Statutes | Crown Proceedings Act 1950 s17;ERA s157;ERA s172(3);ERA s180;ERA s194;Police Act 1958;Police Act 1958 s5;Police Regulations 1958 |
| Cases Cited | Commissioner of Police v Moore [2001] 1 ERNZ 638;Leslie v Attorney-General [1996] 1 ERNZ 287;Kumar v Elizabeth Memorial Home Ltd [1998] 2 ERNZ 61;Mann v Alpinewear (NZ) Limited [1996] 1 ERNZ 248;NZ Post Primary Teachers Assn v A-G [1991] 3 ERNZ 708;Russell v Wanganui City College [1998] 3 ERNZ 1076 |
| Number of Pages | 12 |
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