| Restrictions | Includes non-publication order |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2014] NZERA Christchurch 15 |
| Hearing date | 22 Oct 2013;22 Nov 2013 |
| Determination date | 05 February 2014 |
| Member | H Doyle |
| Representation | L Acland ; K Chapman |
| Location | Nelson |
| Parties | Jay v Manuka Community House Inc |
| Summary | UNJUSTIFIED DISMISSAL - Serious Misconduct - Authority claimed unjustifiably dismissed by respondent - Respondent received complaints applicant left child in solitary confinement - Respondent claimed applicant's interaction with co-worker amounted to bullying - Respondent claimed discrepancies between rostered time and actual time following covert surveillance - Applicant signed staff records as true and correct record of hours worked - Applicant denied allegation of leaving child in solitary confinement and matter not investigated further by respondent - Head teacher and centre manager |
| Abstract | AUTHORITY FOUND -;UNJUSTIFIED DISMISSAL: Authority ordered non-publication of names of children who attended early childhood centre run by respondent. Applicant deprived of opportunity to be heard by respondent's governing body. Covert surveillance not in accordance with obligations of good faith. Some carelessness on behalf of applicant when applicant signed off time records as true and correct. Failure to properly investigate time keeping allegation. Concerns about inadequate funding relating to timekeeping not raised with applicant. No proper opportunity to respond to allegations. Co-worker surprised complaint about interaction with applicant basis for dismissal. Not fair and reasonable to conclude applicant and co-workers interaction serious misconduct. No sufficient clarity over alleged serious misconduct. Dismissal procedurally and substantively unjustified. Dismissal unjustified. REMEDIES: Deduction for contributory conduct appropriate due to applicant signing off incorrect time record. 10 per cent contributory conduct. Respondent to pay applicant $16,975 reimbursement of lost wages. Flyer distributed after dismissal implied applicant dismissed for reasons related to child safety. Effect of flyer taken into account in awarding compensation. 10,800 compensation appropriate. |
| Result | Application granted; Contributory conduct (10%); Reimbursement of lost wages $16,975; Compensation for humiliation etc ($10,800); Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s103A - ERA s103A(3)(a) - s103A(3)(b) - ERA s103A(3)(c) - ERA s103A(3)(d) ERA s124 - ERA Second Schedule cl10.1 - Education Act 1989 - Education (Early Childhood Centres) Regulations 1998 - Education (Early Childhood Centres) Regulations 1998 r33 - Education (Early Childhood Centres) Regulations 1998 r34 - Incorporated Societies Act 1908 |
| Cases Cited | Angus v Ports of Auckland Ltd (No 2) [2011] ERNZ 466;BP Oil NZ Ltd v NID Distribution Workers etc IUOW [1989] 3 NZLR 580;Northern Distribution Union v BP Oil New Zealand Ltd [1992] 3 ERNZ 483 |
| Number of Pages | 24 |
| PDF File Link: | 2014_NZERA_Christchurch_15.pdf [pdf 252 KB] |