| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 313/10 |
| Hearing date | 19 Apr 2010 - 20 Apr 2010 (2 days) |
| Determination date | 05 July 2010 |
| Member | R Arthur |
| Representation | S Davis (Applicant in person) ; J Catran |
| Location | Whangarei |
| Parties | Davis v Commissioner of Police |
| Summary | UNJUSTIFIED DISADVANTAGE – Applicant argued unjustifiably disadvantaged as result of challenging officer-in-charge (“R”) over whether anything untoward occurred on two occasions when person in custody at station – Applicant subsequently transferred to another station – R visibly angry over allegations and claimed allegations made because applicant upset about argument over flexi hours in relation to rural response roster – Series of meetings conducted to investigate allegations – District Commander decided no further investigation required – Following independent review found steps required to rebuild working relationship between officers or separation necessary – Decision made to temporarily second applicant to another police station until issues resolved – Applicant instead placed on leave while mediation arrangements made – Applicant seconded to another police station – R made formal complaint of harassment against applicant but no foundation for belief at risk of physical harm from applicant – Applicant directed not to enter police station or have any contact with R – Authority found no unjustified disadvantage – Found respondent justified in monitoring how applicant operated working hours – Found respondent promptly and thoroughly responded to applicant’s allegations – Found respondent went to reasonable efforts to address resulting tension between officers – Applicant claimed respondent ignored and minimised complaints of being threatened, bullied and harassed by R – Found words used not threatening and no evidence of excessive force used – Found following investigation into alleged harassment satisfactory explanations provided by R – Found decision to move applicant to another station fair because R was officer-in-charge of station and lived with family in Police house – Found although applicant disadvantaged by having to travel further to work, outcome justified – Found both officers had additional support of welfare officer – No disadvantage – Police Officer |
| Result | Application dismissed ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s103A;ERA s174 |
| Number of Pages | 17 |
| PDF File Link: | aa 313_10.pdf [pdf 52 KB] |