Constable's application for re-hearing dismissed

Stephen Davis brought two employment cases against the police related to his work in Monganui and Christchurch, but both were dismissed by the Employment Court last year after a lengthy legal process. Photo / File

A constable who lost a long-running employment case against the police and was ordered to pay $115,000 in costs has failed to have his case re-heard.

Stephen Davis brought two employment cases against the police related to his work in Monganui and Christchurch, but both were dismissed by the Employment Court last year after a lengthy legal process.

Mr Davis then applied for a re-hearing on several grounds, telling the judge he had sought the unusual step, rather than a review or an appeal, because his legal advice was that the judgement was "un-appealable".

His grounds for a re-hearing included the court had been biased against him, failed to consider relevant evidence, and that new evidence had come to light.

Mr Davis told the court if permitted he would summon further witnesses who were "too afraid to come forward because of job repercussions".

However no names or affidavits were provided, and the judge rejected the claim.

Employment Court Judge Anthony Ford said there must be a special circumstance to justify a rehearing, and that it could not be used "as a backdoor method by which unsuccessful litigants can seek to re-argue their case".

The application was dismissed. No order was made for costs, but the court noted he had not yet paid the costs outstanding from the original decision.

Mr Davis, who joined the police in 2002, told the court he had separated from his wife "over matters related to this litigation".

When the costs decision was made against him in 2014, Judge Mark Perkins said Mr Davis was clearly in a difficult financial situation, and had used all his savings and assets to pay legal fees for the case.

However, he continued to be employed by the police and had a good income.

The case first arose from an employment dispute while Mr Davis was based at the Mangonui station. He was then transferred to Christchurch, where he complained that his supervisor was discriminating against him.

Judge Perkins dismissed the claims, saying the difficult employment problems has been largely of his own making, and that the police had gone to considerable lengths to try to resolve the issues.