| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2014] NZERA Auckland 53 |
| Hearing date | 30-31 Jan 2014;13 Feb 2014 |
| Determination date | 14 February 2014 |
| Member | T G Tetitaha |
| Representation | R Voss (in person_ ; E G McWatt |
| Location | Auckland |
| Parties | Voss v Regent International Education Group Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Serious Misconduct – Applicant claimed unjustifiably dismissed by respondent – Whether applicant gave answers to international students resitting exam – Whether applicant dishonest – Whether applicant failed to secure confidential information – Students photographed previous exam marking schedule while applicant out of room – Whether applicant brought respondent into disrepute – GOOD FAITH – Applicant claimed respondent failed to be responsive and communicative – Programme leader |
| Abstract | AUTHORITY FOUND –;UNJUSTIFIED DISMISSAL: Evidence did not reasonably substantiate allegation applicant read answers to students verbatim. Evidence did not reasonably substantiate allegation applicant dishonest. Leaving marking schedule in classroom negligent conduct impairing respondent’s trust in applicant and causing respondent’s reputation to be questioned with New Zealand Qualifications Authority. Respondent could have concluded applicant guilty of misconduct justifying dismissal but applicant not dismissed for this conduct. Ad hoc manner in which concerns raised did not provide applicant with reasonable opportunity to respond prior to dismissal. Alternative explanations for applicant’s behaviour not considered by respondent. Dismissal unjustified. REMEDIES: 50 per cent contributory conduct. $2,500 compensation appropriate.;GOOD FAITH: Alternative cause of action for breach of duty of good faith dismissed given applicant successful in personal grievance. |
| Result | Application granted (unjustified dismissal) ; Contributory conduct (50%) ; Compensation for humiliation etc ($2,500) ; Application dismissed (good faith) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s103A;ERA s103A(2);ERA s103A(3);ERA s103A(5);ERA s124 |
| Cases Cited | Angus v Ports of Auckland Ltd (No 2) [2011] ERNZ 466;Carter Holt Harvey Ltd v Yukich [2005] ERNZ 300;Finau v Carter Holt Building Supplies [1993] 2 ERNZ 971;Makatoa v Restaurant Brands (NZ) Ltd [1999] 2 ERNZ 311;Northern Distribution Union v BP Oil New Zealand Ltd [1992] 3 ERNZ 483;Voss v Regent International Education Group Ltd [2014] NZERA Auckland 52;W & H Newspapers Ltd v Oram [2000] 2 ERNZ 448 ; [2001] 3 NZLR 29 |
| Number of Pages | 12 |
| PDF File Link: | 2014_NZERA_Auckland_53.pdf [pdf 308 KB] |