Police recruit argues employer should have consulted before removing him

The Employment Relations Authority (ERA) recently dealt with a personal grievance claim involving a police recruit who was suspended just days before graduation. This decision was due to allegations of inappropriate conduct, and the worker claimed he was unjustifiably disadvantaged by procedural failures in the suspension and investigation process.

The worker argued that police management failed to consult him before suspending him from duty and provided unclear communication about the investigation process that would follow.

He claimed the suspension occurred without proper procedures despite the allegations not requiring immediate action, and that he was disadvantaged by confusion over whether employment and criminal investigations would run concurrently.

Suspension circumstances and statutory powers

The worker was employed as a police recruit on a fixed-term agreement commencing 28 June 2023, with graduation scheduled for 19 October 2023.

On 13 October 2023, just three days before graduation, he was called to a meeting and provided with a letter advising that he was subject to suspension for 30 days while further assessment was made regarding allegations of inappropriate conduct involving another recruit.

The allegations related to an incident on 10 October 2023 involving claims that the worker had forced another recruit against a wall in a locked embrace and inappropriately touched her.

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