| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2013] NZERA Auckland 120 |
| Hearing date | 26 Feb 2013 - 28 Feb 2013 (3 days) |
| Determination date | 09 April 2013 |
| Member | E Robinson |
| Representation | E Smith ; R Harrison |
| Location | Whangarei |
| Parties | Barton v Dargaville High School Board of Trustees |
| Summary | UNJUSTIFIED DISADVANTAGE - UNJUSTIFIED DISMISSAL - Constructive Dismissal - Applicant claimed unjustifiably disadvantaged by respondent's actions and unjustifiably dismissed by respondent - Applicant claimed disheartened and distressed by principal's management style and change in attitude towards applicant - Applicant raised concerns and feeling of stress with respondent - Applicant claimed unsupported by respondent - Respondent failed to organise meeting promptly after mediation - Sick leave due to stress - Teacher |
| Abstract | AUTHORITY FOUND -;UNJUSTIFIED DISADVANTAGE - UNJUSTIFIED DISMISSAL: Respondent not to direct Principal's day to day management of school. Failure to organise meeting within two weeks of mediation not unjustifiable. Respondent's failure to interview applicant not fair or reasonable. Applicant unjustifiably disadvantaged by respondent's initial failure to address applicant's concerns and offer assistance. Failure not such that applicant's resignation reasonably foreseeable. No constructive dismissal. REMEDIES: $7,500 compensation appropriate. |
| Result | Application granted (unjustified disadvantage); Compensation for humiliation etc ($7,500); Application dismissed (unjustified dismissal); Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s4(1A)(b) - ERA s103(1)(b) - ERA s103A - Education Act 1989 s75 - Education Act 1989 s76 |
| Cases Cited | Auckland Electric Power Board v Auckland Provincial District Local Authorities Officers IUOW Inc [1994] 1 ERNZ 168; [1994] 2 NZLR 415;Auckland etc Shop Employees etc IUOW v Woolworths (NZ) Ltd (1985) ERNZ Sel Cas 136; [1985] 2 NZLR 372;Wellington, Taranaki and Malborough Clerical etc IUOW v Greenwich (t/a Greenwich and Associates Employment Agency and Complete Fitness Centre) (1983) ERNZ Sel Cas 95 |
| Number of Pages | 19 |
| PDF File Link: | 2013_NZERA_Auckland_120.pdf [pdf 246 KB] |