| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 81/07 |
| Hearing date | 21 May 2007 |
| Determination date | 23 May 2007 |
| Member | G J Wood |
| Representation | P Cullen ; J Holden |
| Location | Wellington |
| Parties | C v The Commissioner of Police |
| Summary | PRACTICE AND PROCEDURE - Application for removal to Employment Court – Applicant claimed problem of such nature and urgency that in public interest it be removed, and in all circumstances Court should determine matter – Applicant alleged harassment (principally, but not solely, sexual harassment) and constructive dismissal – Applicant made linkages with Bazley inquiry into police conduct and high profile trials of police officers – Also relied on need for urgent closure to matter – Respondent denied relevant to Bazley inquiry and believed matter could be dealt with by Authority – Saw no particular need for urgency as events occurred over 10 months ago – Nature of case not one of itself that would create situation where in public interest to remove matter immediately to Court – Authority did not accept public interest in case created simply because Government report into police culture found parts of it wanting – Problem did not involve same serious criminal allegations as made against other Police officers referred to – Public interest in officers and police conduct did not in itself mean any case involving police should be removed to Court in public interest – No reason Authority could not deal with matter as promptly as Court – Authority’s investigative processes quite likely to be less stressful for applicant than adversarial approach of Court and vast majority of Authority determinations not challenged – Interests of justice would not be better served by removing employment relationship problem to Court – Application declined – Interim order prohibited publication of applicant’s name and identifying information |
| Result | Application dismissed ; Costs reserved |
| Main Category | Practice & Procedure |
| Statutes | ERA s178(2)(b);ERA s178(2)(d) |
| Cases Cited | Moore v Commissioner of Police unreported, GJ Wood, 7 July 1999, WT 80/99 |
| Number of Pages | 3 |
| PDF File Link: | wa 81_07.pdf [pdf 18 KB] |