| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2015] NZERA Auckland 159 |
| Hearing date | 15 May 2015 |
| Determination date | 05 June 2015 |
| Member | R Arthur |
| Representation | D Mitchell ; C Chilwell |
| Location | Auckland |
| Parties | Pile v Richmond Road School Board of Trustees |
| Summary | INJUNCTION – Applicant sought interim reinstatement – Whether applicant made inappropriate comments on social media - Teacher |
| Abstract | AUTHORITY FOUND –INJUNCTION: Weakly arguable claim that applicant unjustifiably disadvantaged by warning issued by respondent for alleged breach of school policy regarding leave. Strongly arguable case of unjustified dismissal because respondent may have made flawed or unreasonable extrapolations in interpreting relevant information. Respondent may have failed to consider applicant’s explanation for comments and appeared to hold applicant responsible for comments made by others. Sufficiently arguable case for reinstatement as applicant had acknowledged teaching skills and experience, and respondent failed to provide strong evidence of reasons why applicant should not be reinstated. Balance of convenience favoured applicant as applicant would suffer greater financial hardship and inconvenience. Overall justice of case favoured interim reinstatement. Appropriate to impose conditions on applicant’s return to duties and mutual co-operation in good faith. Leave reserved for parties to seek any necessary variations to conditions. Application for interim reinstatement granted. |
| Result | Application granted ; Orders made ; No order for costs |
| Statutes | ERA s103A;ERA s127;ERA s127(4);ERA s127(5) ;;Education Act 1989 s139AK |
| Cases Cited | Angus v Ports of Auckland Ltd [2011] NZEmpC 125, [2011] ERNZ 292;Angus v Ports of Auckland Ltd [2011] NZEmpC 160, [2011] ERNZ 466;Ashton v Shoreline Hotel [1994] 1 ERNZ 421 (EmpC);Edwards v Board of Trustees of Bay of Islands College [2015] NZEmpC 6;Lewis v Howick College Board of Trustees [2010] NZEmpC 4, [2010] ERNZ 1;New Zealand Educational Institute v Board of Trustees of Auckland Normal Intermediate School [1992] 3 ERNZ 243 (EmpC);Northern Hotel etc IUOW v Rotorua Returned Services Association Inc (1989) ERNZ Sel Case 535 (LC);Wellington Free Ambulance Service v Adams [2010] NZEmpC 59, [2010] ERNZ 128 |
| Number of Pages | 19 |
| PDF File Link: | 2015_NZERA_Auckland_159.pdf [pdf 279 KB] |