Tuesday, 13 July 2010
I recently wrote about a decision of Judge Colgan, praising the humanity with which he approached a difficult employment problem. In another decision the same common sense and decency , and a realistic view of life outside the main cities pervades a judgement about the dismissal of the Courts Manager in New Plymouth. In Secretary for Justice v Dodd  NZEMPC 84 he dismissed an appeal from the Employment Relations Authority, which confirmed her reinstatement, with damages. There are websites which are devoted to criticising judges and by blogging on the good ones I hope to balance those out. I like the decision because he recognises the intimate closeness in a provincial court system, and the difficulties which arise when you decide to look after family, perhaps at the risk of your employment. The respondent was acting to try to resolve a difficult family issue, and acted inappropriately in accessing court records, but understandably to help, among other matters, where bail details omitted from police records would have meant her nephew would have been jailed wrongly.