Restrictions OK
Jurisdiction Employment Relations Authority - Wellington
Reference No WA 41/06
Determination date 20 March 2006
Member G J Wood
Representation P Gunn ; P Brosnahan
Location Wellington
Parties The Commissioner of Police v Harland
Summary PRACTICE AND PROCEDURE - Application for removal to Employment Court – Important question of law alleged to be whether respondent, a former police officer, remained a police officer notwithstanding notice of compulsory disengagement served on him pursuant to s28C Police Act 1958 – Not accepted that was such urgency in present case such that it be removed to Court – However, accepted that was an important question of law likely to arise other than incidentally relating to the effect of a notice of compulsory disengagement on a police officer’s employment – Matter removed to Court
Result Application granted ; No order for costs
Statutes ERA s178(2)(a);ERA s178(2)(b);Police Act 1958 s28C
Cases Cited Andrew v Commissioner of Police unreported, Colgan J, 29 July 2003, CC 21/03;Hawkins v New Zealand Police unreported, Couch J, 1 September 2005, WC 19/05
Number of Pages 3
PDF File Link: wa 41_06.pdf [pdf 12 KB]