| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 103/06 |
| Determination date | 07 July 2006 |
| Member | D Asher |
| Representation | N Sainsbury ; J Holden |
| Location | Wellington |
| Parties | Smith v The Attorney-General for the Commissioner of Police |
| Summary | PRACTICE AND PROCEDURE - Application for removal to Employment Court - Applicant alleged unjustified disadvantage and unjustified dismissed – Applicant applied to remove proceedings to Employment Court and respondent agreed, but for different reasons – Applicant claimed case involved consideration of recently enacted s194A Employment Relations Act 2000, including issue of whether legal tests and principles applicable to judicial review should be applied in part, in full or at all – Respondent believed other, more important, questions of law justified removal, including whether employment institutions had jurisdiction to inquire into process and decision of Police Disciplinary Tribunal and to what extent might a failure to provide complete information to an employee in relation to a disciplinary action previously taken by the employer in respect of other employees render a subsequent dismissal unjustifiable - Proceeding’s long history and the likelihood of challenge to Authority’s determination regardless of outcome made removal appropriate - Matter removed to Court |
| Result | Application granted ; Matter removed to Court ; Costs reserved |
| Statutes | ERA s178(2)(a);ERA s178(2)(d);ERA s194A |
| Cases Cited | Auckland District Health Board v X [2005] 1 ERNZ 551;Creedy v Commissioner of Police [2006] 1 ERNZ 517;Smith v Attorney-General for & on behalf of the Commissioner of Police unreported, D Asher,11 March 2004, WA 30/04;Smith v Attorney-General for & on behalf of the Commissioner of Police unreported, D Asher, 1 April 2004, WA 30A/04;Smith v Attorney-General for & on behalf of Commissioner of Police and Anor [2005] 1 ERNZ 699 |
| Number of Pages | 4 |
| PDF File Link: | wa 103_06.pdf [pdf 16 KB] |