Restrictions OK
Jurisdiction Employment Relations Authority - Wellington
Reference No WA 42/02
Determination date 20 May 2002
Member P R Stapp
Representation A Hazelton ; G Emery & B Nimmo
Location Wellington
Parties Harrison and Anor v The Commissioner of Police in respect of the Police
Other Parties Persico
Summary UNJUSTIFIED DISADVANTAGE - Vacancies advertised as expressions of interest - Existing employees lead to believe they were ideally suited and subsequently applied for positions - Applications unsuccessful - Discovered criteria used were different to those advertised - Independent review resulted in different ranking of candidates - Selections remained unchanged for convenience - Open to Employment Relations Authority to consider situation in context of personal grievance - Selection procedurally unfair - Actions in breach of good employer obligations - Whether expression of interest amounted to application to fill vacancy - Irrelevant whether expression of interest required fair process - Applicants disadvantaged in the consideration of their applications - Remedies - No guarantee of employment - No remedies for loss of wages or loss of opportunity - COSTS - Respondent to pay filing fee - Police officers
Result Application granted ; Compensation for humiliation etc ($4,500)(SH)($4,500)(MP) ; Disbursements in favour of applicants ($70)(Filing fee)
Statutes Police Act 1958;Police General Instruction A63;State Sector Act 1988 s56
Number of Pages 6
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