| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 360/05 |
| Hearing date | 18 Nov 2003 - 1 Jun 2005 (2 days) |
| Determination date | 15 September 2005 |
| Member | J Wilson |
| Representation | NJ Roberts (in person), E Morgan-Coakle ; H Gilbert |
| Location | Auckland |
| Parties | Roberts v Commissioner of New Zealand Police |
| Summary | PRACTICE AND PROCEDURE - Whether action commenced in Authority no more than three years after date on which personal grievance raised - Applicant dismissed following hearing by Police Disciplinary Tribunal in October 1998 - Raised personal grievance in January 1999 - Filed statement of problem in Authority in October 2003 - Re-filed statement of problem in April 2005 - Proceedings before Police Disciplinary Tribunal did not fulfil requirement that proceedings be commenced within three years as proceedings had to be commenced in Authority by lodging of application in prescribed form - Applicant debarred from pursuing grievance - Authority did not have discretion to allow applicant to pursue claim as extension of time section applied only to matters before Authority - Even if Authority had discretion no grounds had been established upon which to allow application to proceed - Police Senior Constable |
| Result | Application struck out ; Costs reserved |
| Statutes | ERA Part 9;ERA s113(1);ERA s114(6);ERA s158;ERA s219;ERA s221;ERA s248;ERA s248(1);ERA s248(4)(b) |
| Number of Pages | 4 |
| PDF File Link: | aa 360_05.pdf [pdf 21 KB] |