Police officer Joshua French claimed he was unjustifiably disadvantaged by police actions and procedural unfairness.
The Employment Relations Authority found procedural flaws in the investigation, impacting French’s career development.
Police were ordered to pay French $5250 for humiliation, loss of dignity, and injury to feelings.
Warning. This article contains language some readers may find offensive.
A policeman who told colleagues a female officer was “the new station c** bucket” later claimed he was being treated unfairly by police.
Joshua French, from the lower North Island, took his bosses to the EmploymentRelations Authority because he felt he had been unfairly disadvantaged during his efforts to rise through the ranks.
Now the authority has released a decision stating procedural flaws were found in how his case was handled.
The recently released decision says Constable French was involved in two work-related accidents. After returning from the second one in October 2021 French claimed he was exposed to “rumours” at work.
In 2022 he applied twice to become a field training officer and was successful the second time. However, nine days after he’d been appointed, he said a detective senior sergeant told him he would no longer be in that role, as a result of the officer making “observations of him the night prior”.
French then suffered a family bereavement and was off work for about two months. When he returned, he was assigned to work with Constable A, who was a probationary constable at the time.
During one shift Constable A claims French ignored her sighting of a person who may have fled from hospital and instead drove her to the house of two off-duty officers. He then introduced her to them by saying, “This is the (xxx), the new station c** bucket.”
French said he had apologised to Constable A but claims she later made him feel uncomfortable several months later by laughing atphotographs of him that were being circulated on social media.
He claimed one photograph on Constable A’s phone showed the outline of his penis through his pants..
French said he approached a senior officer after becoming aware of the photographs and that he made a complaint about them and alleged bullying behaviour.
French said he told a senior officer there had been tensions between Constable A and himself, and that the senior officer suggested the two should have a chat but claimed the conversation did not go well.
Constable French said he told a senior officer there had been tensions between Constable A and himself.
Another unsuccessful application
In April 2023 French applied for a police support unit position. He was told the application was unsuccessful in an email response which disclosed he was “under investigation”.
French said he was unaware of any investigation until he received the email. He met with his boss, who he claims told him that he was not being investigated.
However, his boss denied saying this and instead claims he said he wasn’t the investigator.
Allegations were then put to French relating to his comments about Constable A. He was also asked about the alleged berating of a junior officer and an alleged off-duty incident where French was said to have made the incident more difficult to de-escalate and investigate due to his actions.
French sought information relating to internal searches and communications relating to himself under the Official Information Act.
He was then told no action would be taken in relation to his alleged conduct relating to Constable A. However, he was told the language used in front of Constable A was “entirely inappropriate”.
Employment Relations Authority member Rowan Anderson said it was clear there was an investigation being conducted and that French was not given notice of relevant allegations in a timely manner.
That had a disadvantageous impact on his attempts to progress his career in circumstances where he was unaware of any investigation.
A proper process seeking to obtain a response from French was not undertaken prior to conclusions being reached.
French never denied making the comment about Constable A and the conduct was admitted, but there was significant procedural unfairness in the way the investigation and disciplinary processes were conducted, Anderson said.
While Anderson was satisfied that the actions of the police in investigating the matter were substantively justified, there were procedural flaws in the investigation process linked with the issues of timing and notification.
Anderson ordered police to pay French $5250 within 28 days of the determination, for humiliation, loss of dignity, and injury to feelings in relation to his personal grievance claim.
Police confirmed in a statement that the ERA decision had been received and its judgment accepted. A spokesperson said sexist behaviour and language had no place in the organisation and would not be tolerated.
French said he never denied making the comment but claimed there was significant procedural unfairness in the way the investigation panned out.
He told NZMEhe was disgusted by the comment he had made, saying it was wrong in any context or humour, and that he sincerely regretted it.
He was pleased the ERA found the police investigation into him was “flawed, unfair, and unreasonable”.
“One of the reasons I took this action was to show police it is not okay to treat their own like this, although I don’t excuse my actions, it doesn’t excuse the police from conducting a fair and reasonable investigation.
“I hope that bringing this matter to the attention of the Employment Relations Authority and the public assists other police officers who are being investigated, and that this determination holds the police to account the same way they hold their own and the public to account.”
Al Williams is an Open Justice reporter for the New Zealand Herald, based in Christchurch. He has worked in daily and community titles in New Zealand and overseas for the last 16 years. Most recently he was editor of the HC Post, based in Whangamata. He was previously deputy editor of Cook Islands News.
