| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2017] NZERA Christchurch 8 |
| Hearing date | 12 to 16, 19 and 20 Sep 2016 (7 days) |
| Determination date | 12 January 2017 |
| Member | V Campbell |
| Representation | R Harrison ; A Toohey |
| Location | Christchurch |
| Parties | Burrows v The Commissioner of Rangiora High School |
| Summary | UNJUSTIFIED DISADVANTAGE - UNJUSTIFIED DISMISSAL - Serious Misconduct - Applicant claimed unjustifiably disadvantaged by respondent’s actions - Applicant claimed unjustifiably dismissed by respondent - Commissioner appointed due to concerns relationship between applicant and Board of Trustees had become dysfunctional - RAISING PERSONAL GRIEVANCE - Whether grievance raised within 90 days - School Principal |
| Abstract | AUTHORITY FOUND -;UNJUSTIFIED DISADVANTAGE - UNJUSTIFIED DISMISSAL: Commissioner acted fairly and reasonably when instructing applicant not to make any statement to media concerning appointment of Commissioner and warning that disciplinary action could follow. Commissioner justified in carrying out multiple investigations and investigations not subject to collective employment agreement. Applicant not disadvantaged by not receiving information pertaining to unspecified allegations. Applicant not disadvantaged by Commissioner not communicating applicant’s suspension. Commissioner did not remove any responsibilities from applicant. Applicant not disadvantaged by purported changes of policy and interference with management of school. No unjustified disadvantage for above actions. Applicant unjustifiably disadvantaged when Commissioner disclosed reports to senior leadership team without applicant’s involvement or knowledge. Commissioner raised concerns with applicant and provided reasonable opportunity to respond. Commissioner did not genuinely consider applicant’s explanation. Commissioner’s findings inconsistent with investigator’s report. Finding of serious misconduct not open for fair and reasonable employer. Element of bias may have led to predetermined decision. Failure of Commissioner to attempt to resolve matters in informal manner was breach of collective employment agreement. Dismissal unjustified. REMEDIES: No contributory conduct. Reinstatement not practicable and reasonable. Respondent to pay applicant eight month’s reimbursement of lost wages, quantum to be determined. $20,000 compensation appropriate.;RAISING PERSONAL GRIEVANCE: Applicant claimed unjustifiably disadvantage by Commissioner’s failure to correct inaccurate media reports. Grievance not raised within 90 days. |
| Result | Applications granted (unjustified disadvantage) (unjustified dismissal) ; Application dismissed (raising personal grievance) ; Reimbursement of lost wages (eight months) ; Compensation for humiliation etc ($20,000) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s103A - ERA s114 - ERA s103A(3) - ERA s103A(3)(a) - ERA s103A(4) - ERA s124 - ERA s125(2) - ERA s128 - ERA s128(2) - ERA s174E - Official Information Act 1982 |
| Cases Cited | A Ltd v H [2016] NZCA 419;Angus v Ports of Auckland Ltd [2011] NZEmpC 160, [2011] ERNZ 466;Burrows v Moore [2016] NZERA Christchurch 93;Edwards v Board of Trustees of Bay of Islands College [2015] NZEmpC 6, (2015) 14 NZELR 83;Howard v Carter Holt Harvey Packaging Ltd [2014] NZEmpC 157, (2014) 12 NZELR 374;New Zealand Educational Institute v Board of Trustees of Auckland Normal Intermediate School [1994] 2 ERNZ 414 (CA);Lavery v Wellington Area Health Board [1993] 2 ERNZ 31 (EmpC);Lewis v Howick College Board of Trustees [2010] NZEmpC 4, [2010] ERNZ 1;Timu v Waitemata District Health Board [2007] ERNZ 419, (2007) 4 NZELR 471 |
| Number of Pages | 70 |
| PDF File Link: | 2017_NZERA_Christchurch_8.pdf [pdf 598 KB] |