Restrictions OK
Jurisdiction Employment Relations Authority - Auckland
Reference No AA 491/10
Determination date 22 November 2010
Member D King
Representation A Hope ; S McKechnie
Location Auckland
Parties Creedy v Commissioner of Police
Summary PRACTICE AND PROCEDURE – Supreme Court found applicant unable to pursue unjustified dismissal grievance – Applicant claimed unjustified disadvantage – Respondent asked preliminary matters be determined – Authority agreed with respondent applicant attempted to bring evidence of constructive dismissal – Found applicant claimed did not seek remedies for dismissal but evident applicant wished to do so – Applicant claimed evidence of dismissal showed chain of causation between losses suffered and unjustifiable actions – Applicant sought to bring evidence post grievance – Found evidence could not be brought regarding alleged dismissal – Found applicant unable to bring reinstatement claim as no longer employee – Found no claim for lost wages as applicant suspended on full pay – Applicant to quantify compensation sought – Applicant to file amended Statement of Problem in order to raise claim for wages as result of loss of chance of promotion
Result Orders made ; Costs reserved
Main Category Practice & Procedure
Cases Cited Coy v Commissioner of Police unreported, Colgan CJ, 19 Nov 2007, CC 23/07
Number of Pages 4
PDF File Link: aa 491_10.pdf [pdf 25 KB]