| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 89/05 |
| Determination date | 27 May 2005 |
| Member | D Asher |
| Representation | P Brosnahan ; P Gunn |
| Location | Wellington |
| Parties | Hawkins v The Commissioner of Police |
| Summary | PRACTICE AND PROCEDURE - Application for removal to Employment Court - Unjustified dismissal - Constructive dismissal - Applicant alleged that respondent's continuing course of unsatisfactory conduct caused him to resign or perf" (disengage on medical grounds) - Respondent alleged personal grievance raised out of time - Joint application for removal - Alleged important questions of law: whether former police member could commence constructive dismissal claim notwithstanding disengagement from police on medical grounds in 2001 in circumstances where dispute as to whether grievance previously raised - Whether applicant could seek reinstatement and reimbursement of lost wages after being disengaged on medical grounds - Whether applicant could allege misconduct in respect of actions taken for criminal prosecution of applicant - Questions of law were important but well settled - Authority exercised discretion to decline removal" |
| Result | Application dismissed ; Costs reserved |
| Statutes | ERA s178(2)(a) |
| Cases Cited | Commissioner of Police v Cartwright [2000] 2 ERNZ 106 ; [2001] 1 NZLR 265;Waugh v The Commissioner of Police unreported, Goddard CJ, 13 October 2004, WC 18/04 |
| Number of Pages | 4 |
| PDF File Link: | wa 89_05.pdf [pdf 18 KB] |