| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2012] NZERA Auckland 208 |
| Hearing date | 16 Apr 2012 |
| Determination date | 19 June 2012 |
| Member | R A Monaghan |
| Representation | G Pollack ; P Pa'u |
| Parties | Tan v Morningstar Institute of Education Ltd t/a Morningstar Preschool |
| Summary | UNJUSTIFIED DISMISSAL – Redundancy – Applicant claimed unjustifiably dismissed by respondent – Authority found applicant dismissed – Found respondent attempted to consult with applicant but applicant mistakenly believed employment already terminated - Dismissal justified – PENALTY - Applicant sought penalty for respondent’s failure to comply with good faith obligations – Found no grounds to consider whether penalty appropriate - No penalty - Head Teacher |
| Abstract | Applicant employed as head teacher. Applicant claimed unjustifiably dismissed by respondent. Applicant sought penalty for respondent’s failure to comply with good faith obligations. Respondent claimed initiated restructure process but applicant terminated employment before restructure completed. Applicant aware respondent in financial difficulty. Respondent requested applicant’s feedback before parties’ meeting. Applicant claimed respondent failed to consult with applicant. Applicant claimed final day was week after meeting and did not report to work next week. Respondent claimed applicant resigned week after meeting.;AUTHORITY FOUND –;UNJUSTIFIED DISMISSAL: Respondent did not reject applicant’s suggestion that applicant’s pay be reduced as alternative to redundancy. Parties did not agree applicant would be made redundant after meeting. Respondent initiated termination of applicant’s employment. Applicant dismissed. Respondent attempted to consult with applicant but applicant mistakenly believed employment already terminated. Dismissal justified.;PENALTY: No grounds to consider whether penalty appropriate. No penalty. |
| Result | Applications dismissed ; Costs reserved |
| Main Category | Personal Grievance |
| Number of Pages | 10 |
| PDF File Link: | 2012_NZERA_Auckland_208.pdf [pdf 128 KB] |