| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2012] NZERA Wellington 79 |
| Hearing date | 31 May 2012 |
| Determination date | 16 July 2012 |
| Member | G J Wood |
| Representation | J Evans ; P McBride |
| Location | Wellington |
| Parties | Speed v Board of Trustees Wellington Girls College |
| Summary | UNJUSTIFIED DISADVANTAGE - UNJUSTIFIED DISMISSAL - Incapacity - Applicant claimed unjustifiably disadvantaged by way respondent investigated misconduct claims against applicant and by respondent passing information to Teachers Council (Council") - Applicant claimed unjustifiably dismissed by respondent - Authority found applicant not disadvantaged by investigation into misconduct claims as investigation never completed and applicant's employment not placed at risk - Found applicant potentially disadvantaged by respondent passing information to Council but respondent obligated to do so - No unjustified disadvantage - Found applicant employed as teacher rather than suspended teacher - Found respondent obligated to end applicant's employment when applicant ceased to have Practising Certificate - Dismissal justified - Teacher" |
| Abstract | Applicant employed by respondent as teacher. Applicant claimed unjustifiably disadvantaged by way respondent investigated misconduct claims against applicant and by respondent passing information to Teachers Council (Council"). Applicant claimed unjustifiably dismissed by respondent. Respondent became aware applicant being investigated by police over allegations of domestic violence and applicant placed on paid leave while matters investigated. Applicant suspended. Respondent subsequently commenced disciplinary process against applicant over number of allegations but no decisions made by respondent about continuation of applicant's employment. Respondent then made aware applicant's Practising Certificate expired. Respondent informed by Council could no longer legally employ applicant and Council requested report from respondent on applicant's employment. Respondent informed applicant if extension of registration not gained employment would end subject to applicant's submissions. Council declined to extend registration and no submissions received from applicant. Applicant dismissed. Applicant claimed respondent not obligated to end applicant's employment as not in teaching position while suspended. Applicant claimed disparity of treatment between applicant and other unregistered teacher not dismissed.;AUTHORITY FOUND-UNJUSTIFIED DISADVANTAGE - UNJUSTIFIED DISMISSAL: Applicant not disadvantaged by invesitgation into misconduct claims as investigation never completed and applicant's employment not placed at risk. Applicant potentially disadvantaged by respondent passing information to Council but respondent obligated to do so. No unjustified disadvantage. Applicant employed as teacher rather than suspended teacher. Respondent obligated to end applicant's employment when applicant ceased to have Practising Certificate. Applicant provided with opportunity to make submissions. Events surrounding other teacher occured after applicant dismissed and involved administrative issues. Dismissal justified." |
| Result | Applications dismissed; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | Education Act 1989;Education Act 1989 Part 10;Education Act 1989 s120;Education Act 1989 s120B;Education Act 1989 s137;Education Act 1989 s137(2) |
| Cases Cited | Christchurch City Council v Davidson [1996] 2 ERNZ 1; [1997] 1 NZLR 275;Masina v Commissioner, Te Kura Kaupapa Maori O Piripono Te Kura Whakahou O Otara [2010] ERNZ 413;Speed v Chief Executive of the Department of Labour unreported, Williams J, 14 July 2011, CIV-2011-485-1369 |
| Number of Pages | 8 |
| PDF File Link: | 2012_NZERA_Wellington_79.pdf [pdf 168 KB] |