| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2015] NZERA Auckland 81 |
| Hearing date | 12 Feb 2015 |
| Determination date | 20 March 2015 |
| Member | V Campbell |
| Representation | G Steele ; G Stone |
| Parties | Sawyer v The Board of Trustees of Taupo-Nui-A-Tia College |
| Summary | UNJUSTIFIED DISADVANTAGE - UNJUSTIFIED DISMISSAL - Constructive Dismissal - Applicant claimed unjustifiably disadvantaged by manner complaints from parents dealt with, lies that respondent's ability in classroom not being questioned, solution proposed by respondent requiring more hours to be worked to earn same money, and removal from teaching roster - Applicant claimed unjustifiably dismissed by respondent - COUNTERCLAIM - PENALTY - GOOD FAITH - Respondent sought penalty for applicant's breach of good faith - Secret recording of meeting - Relieving teacher |
| Abstract | AUTHORITY FOUND -;UNJUSTIFIED DISADVANTAGE - UNJUSTIFIED DISMISSAL: Applicant had no expectation of being offered relieving work at different college while employed by respondent. Applicant given assurances that teaching not in question but subsequent formal disciplinary process not put in place, complaints treated as competency issues and respondent remained open to suggestions. Applicant rejected respondent's proposal so no disadvantage caused. Applicant's name removed from teaching roster because applicant on sick leave. Applicant's employment status not changed. No unjustified disadvantage. Respondent's attempts to address student and parent complaints made applicant unhappy but not dismissive or repudiatory conduct. Respondent's ongoing engagement with applicant and attempts made to return applicant to teaching duties not dismissive or repudiatory conduct. Even if breach of duty, applicant's resignation not reasonably foreseeable. No constructive dismissal. Leave reserved for parties to return to Authority for determination of applicant's arrears of wages claim.;COUNTERCLAIM - PENALTY - GOOD FAITH: Not intended for parties' discussion to be confidential or off record. Recording not so different from agreed note taking to warrant conclusion that recording obtained unfairly. No breach of good faith. No penalty. |
| Result | Applications dismissed ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ECA;ERA s4;ERA s103A;ERA s103A(3);ERA s103A(5);ERA s174 |
| Cases Cited | Angus v Ports of Auckland Ltd (No 2) [2011] NZEmpC 160, [2011] ERNZ 466;Auckland Electric Power Board v Auckland Provincial District Local Authorities Officers Industrial Union of Workers (Inc) [1994] 2 NZLR 415 (CA);Auckland Shop Employees Union v Woolworths (NZ) Ltd [1985] 2 NZLR 372 (CA);Edwards v The Board of Trustees of Bay of Islands College (formerly Anderson, Limited Statutory Manager of Bay of Islands College) [2015] NZEmpC 6;Grace Team Accounting Ltd v Brake [2014] NZCA 541, [2015] 2 NZLR 494;Talbot v Air New Zealand Ltd [1996] 1 NZLR 414 (CA);Wellington, Taranaki and Marlborough Clerical etc IUOW v Greenwich (t/a Greenwich and Associates Employment Agency and Complete Fitness Centre) (1983) ERNZ Sel Cas 95 (AC);Z v A [1993] 2 ERNZ 469 (EmpC) |
| Number of Pages | 16 |
| PDF File Link: | 2015_NZERA_Auckland_81.pdf [pdf 165 KB] |