| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 46/07 |
| Determination date | 19 April 2007 |
| Member | H Doyle |
| Representation | S Fairclough ; R Gibson |
| Location | Christchurch |
| Parties | Coy v The Commissioner of Police |
| Summary | PRACTICE AND PROCEDURE - Application for removal to Employment Court – Applicant sought removal of personal grievance to Employment Court under s178(2)(d) Employment Relations Act 2000 (ERA") – Another personal grievance lodged at same time by colleague - Colleague's application to have claim removed to Court dealt with in separate determination (CA 45/07) - Discretion under s178(2)(d) ERA wide and Authority had regard to object section in Part 10 ERA – Not enough that parties wanted matter removed – Cross examination or witness numbers not factors sufficient on their own to favour removal – Whether matter dealt with in Authority or Court it would occupy considerable investigation time and likely involve interlocutory matters – Factors not sufficient on their own to favour removal – Likelihood of challenge not factor that favoured removal – Authority did not accept facts relied on by applicant were applicable to cases Authority determined on daily basis – Most cases did not have such historical issues or issues relating to disclosure – Applicant spent number of years trying to obtain disclosure and claimed still incomplete – Possibility information disclosed as result of discovery may bear on interpretation and application of Police general instructions – Court’s more prescriptive procedures and powers relating to discovery favoured removal – Applicant made serious allegations and public interest in how treated favoured removal – Circumstances would not, on their own, be sufficient for Authority to exercise discretion to remove matter to Court – However, considered together discretion should be exercised in favour of removing matter – Removal ordered" |
| Result | Application granted ; Matter removed to Court ; Costs reserved |
| Main Category | Practice & Procedure |
| Statutes | ERA s178(2)(a);ERA s178(2)(b);ERA s178(2)(c);ERA s178(2)(d);ERA Part 10 |
| Cases Cited | Griffith v Sunbeam Corporation Ltd unreported, D Asher, 23 September 2004, WA 127/04;Y v Bay of Plenty District Health Board unreported, R Arthur, 20 April 2006, A 132/06 |
| Number of Pages | 4 |
| PDF File Link: | ca 46_07.pdf [pdf 30 KB] |