| Restrictions | Includes non-publication order |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2014] NZERA Auckland 520 |
| Hearing date | 12 Dec 2014 |
| Determination date | 17 December 2014 |
| Member | R Arthur |
| Representation | S Scott ; E Miles |
| Location | Auckland |
| Parties | Ward v St Peter's School Trust Board |
| Summary | INJUNCTION – Applicant sought interim reinstatement – Comments written in student testimonials disparaging of students and staff at school – Dismissal while on sabbatical leave – Teacher |
| Abstract | AUTHORITY FOUND –;INJUNCTION: Authority ordered non-publication of identities of students subject to testimonials of concern to respondent. Not clear that applicant refused to participate in or attend meetings. Not correct that applicant did not put forward any responses to respondent’s inquiries. Applicant needed to be medically fit to participate in process but respondent made no inquiry of applicant’s doctors to test view that applicant obstructed process deliberately. Reference to stress and possible mental health problem in medical certificate should have alerted respondent to need to investigate reasons for applicant’s comments in testimonials. Arguable that respondent’s principal did not have authority alone to dismiss applicant under respondent’s governing legislation. Applicant had arguable case of unjustified dismissal. Only weakly arguable case for interim reinstatement given real issues about prospect of applicant working productively with other staff. Financial hardship to applicant outweighed potential disruption to teaching. Balance of convenience favoured applicant. Overall justice of case favoured applicant. Interim reinstatement to be subject to conditions. Applicant to be reinstated to position as teacher but not head of Chemistry. Respondent entitled to place applicant on garden leave, require applicant to perform some duties at home or vary previous duties as head of Chemistry. At respondent’s request, applicant to provide medical certificate confirming fit to return to work. Leave reserved for respondent to seek variation of orders if certificate not sufficient. In other cases, leave reserved for parties to seek variation of orders following mediation. Application for interim reinstatement granted. |
| Result | Application granted ; Costs reserved |
| Main Category | Injunction |
| Statutes | ECA;Education Act 1989 s139AK;ERA;ERA s4(1A);ERA s103A;ERA s103A(3)(c);ERA s124;ERA s125(2);ERA s127;ERA s127(4);ERA s127(5);ERA Second Schedule cl10(1);St Peter’s School Trust Board Act 1985 |
| Cases Cited | Angus v Ports of Auckland Ltd [2011] ERNZ 292;Angus v Ports of Auckland Ltd (No 2) [2011] ERNZ 466;Ashton v Shoreline Hotel [1994] 1 ERNZ 421;Cliff v Air New Zealand Ltd [2005] ERNZ 1;Lewis v Howick College Board of Trustees [2010] ERNZ 1;Madar v P & O Services (NZ) Ltd [1999] 2 ERNZ 174;New Zealand Educational Institute v Board of Trustees of Auckland Normal Intermediate School [1992] 3 ERNZ 243;New Zealand Educational Institute v Board of Trustees of Auckland Normal Intermediate School [1994] 2 ERNZ 414;Northern Hotel etc IUOW v Rotorua Returned Services Assn (Inc) (1989) ERNZ Sel Cas 535;Wellington Free Ambulance Service Inc v Adams [2010] ERNZ 128 |
| Number of Pages | 19 |
| PDF File Link: | 2014_NZERA_Auckland_520.pdf [pdf 283 KB] |