Defence chief Bruce Ferguson has been accused of intimidating a witness in a case where a civilian worker is claiming $210,000.
The case has been referred to the Solicitor-General by Chief Employment Court Judge Tom Goddard.
The intimidation complaint was made by lawyer Peter Cullen, who is taking the case
for Waiouru Army Museum archivist Dolores Ho, who complained about the way she was treated by the Army.
Mr Cullen said Air Marshal Ferguson, the Chief of Defence Force, sent a letter to principal defence chaplain Julian Wagg expressing "concern" about Colonel Wagg's decision to volunteer evidence in the case and saying he would want to "discuss the matter further" after the case.
He ordered Colonel Wagg not to appear in court in uniform and told him he had to take leave for his appearance.
Another witness for Ms Ho, curator Windsor Jones, was sent a letter from Waiouru army base commander Colonel Kevin Burnett questioning his loyalty in volunteering evidence and warning "the Army intends to pursue these matters with you in due course".
Mr Cullen said there was no greater contempt than to intimidate witnesses. The letters were "intimidating and outrageous".
In a written ruling on the intimidation claim, Judge Goddard said: "There remains a concern on the applicant's part that both witnesses will be deterred and may yet even resile from giving the evidence that they previously considered they were able to give."
The court could not ignore the possibility a contempt may have been committed and he directed information be forwarded to the Solicitor-General.
Judge Goddard also ordered the letters be withdrawn and that assurances be given to the witnesses that they could give evidence without fear of reprisal. The venue for the case was also moved from Waiouru to Wellington.
On the first day of the substantive hearing yesterday, the court had to take several brief adjournments as Ms Ho became distressed and cried.
Her complaint stems from a formal warning issued to her last year over a staff matter. The investigation that led to that warning referred to an earlier investigation which had been the subject of a confidential settlement where all details were to have been removed from her personnel file.
- NZPA
