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A former police officer has failed in a grievance claim against the force because he filed his claim too late, the Supreme Court has ruled.
Mark Raymond Creedy was found guilty in 2001 by an internal disciplinary tribunal of 31 charges including disgraceful conduct, sexual harassment and pepper-spraying a fellow officer.
Before the tribunal decided on a penalty, he was allowed to quit the force under the police early retirement fund (Perf) in December 2001.
In January 2003, he took a personal grievance claim against the police to the Employment Relations Authority - well after the 90 days allowed to file a claim.
The authority ruled he was too late but Mr Creedy challenged that in the Employment Court, which decided in his favour, saying there were "exceptional circumstances" and granted him leave to go ahead with his action.
The Police Commissioner challenged that decision in the Court of Appeal, which granted him leave to review the decision. However, the Supreme Court ruled yesterday that there were no exceptional circumstances to warrant the delay in filing the grievance claim.
Chief Justice Sian Elias and Justices Peter Blanchard, Andrew Tipping, John McGrath and William Wilson said Mr Creedy was "time-barred" from taking a grievance claim against the commissioner.
- NZPA
