| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2013] NZERA Auckland 561 |
| Hearing date | 29 Aug 2013 - 30 Aug 2013 |
| Determination date | 09 December 2013 |
| Member | T G Tetitaha |
| Representation | T Oldfield ; R Harrison |
| Parties | McConnell v Board of Trustees of Mt Roskill Grammar School |
| Summary | UNJUSTIFIED DISADVANTAGE – Applicant claimed unjustifiably disadvantaged by suspension, warning and respondent’s breach of duty of good faith – Whether applicant called students “slag”, “loser” and “prick”, mocked student names and made other inappropriate comments – Concerns raised by students – Students asked to record in writing comments allegedly made by applicant – Whether respondent refused to disclose information about complaints – Whether principal evasive and hostile – Applicant placed on discretionary leave – Whether applicant suspended – Concerns applicant texted staff about incident – Principal drafted and submitted report to respondent – Subcommittee of respondent charged with investigating allegations – Whether applicant’s submissions genuinely considered – Whether subcommittee acted ultra vires – Warning issued – Teacher |
| Abstract | AUTHORITY FOUND –;UNJUSTIFIED DISADVANTAGE: No direct evidence applicant suspended. Evidence applicant agitated and affecting student welfare. Applicant transferred to other duties. Requiring applicant to work from home reasonable exercise of discretion having regard to students and welfare. Minor delay in applicant receiving principal’s report not unfair. Redaction of student names in report not unfair treatment. No restriction on subcommittee undertaking investigation to conclusion. No breach of good faith. Respondent entitled to issue warning. Subcommittee did not act ultra vires. No unjustified disadvantage. |
| Result | Application dismissed ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | Education Act 1989 s66(1)(c);Education Act 1989 s66(4);ERA s103A;ERA s103A(2);ERA s103A(3);ERA s103A(5) |
| Cases Cited | Angus v Ports of Auckland Ltd (No 2) [2011] ERNZ 466;Corbett v National Mutual Finance Ltd (1992) 5 PRNZ 386;Griffith v Sunbeam Corp Ltd unreported, Couch J, 28 July 2006, WC13/06;Hakaraia v Foodstuffs (Wellington) Co-operative Society Ltd [2001] ERNZ 105;Kelly v Accident Rehabilitation and Compensation Insurance Corp unreported, Palmer J, 24 March 1999, WC13/99;Lowe Walker Paeroa Ltd v Bennett [1998] 2 ERNZ 558;New Zealand Merchant Service Guild IUOW Inc v New Zealand Rail Ltd [1991] 2 ERNZ 587;RNZAF Museum Trust Board v Hunter unreported, Shaw J, 1 March 2000, WC11/00;Secretary for Education v New Zealand Educational Institute Te Riu Roa [2002] 2 ERNZ 470;T v S A R Ltd unreported, H Doyle, 23 September 2005, CA126/05;Taiapa v Te Runanga O Turanganui A Kiwa t/a Turanga Ararau Private Training Establishment [2012] NZERA Auckland 252;Vector Gas Ltd v Bay of Plenty Energy Ltd [2010] 2 NZLR 444;Young v Venables t/a Mt Eden Bakery & Delicatessen unreported, Shaw J, 7 November 2000, AC88/00 |
| Number of Pages | 14 |
| PDF File Link: | 2013_NZERA_Auckland_561.pdf [pdf 218 KB] |