| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2017] NZERA Auckland 233 |
| Hearing date | 29 to 31 Aug 2016 & 1 Sept 2016 (4 days) |
| Determination date | 08 August 2017 |
| Member | N Craig |
| Representation | R Harrison ; F Linde |
| Location | Auckland |
| Parties | Paenga v Board of Trustees, Te Kura Kaupapa Maori, O Puau Te Moananui-a-Kiwa |
| Summary | UNJUSTIFIED DISMISSAL – Misconduct – Applicant claimed unjustifiably dismissed by respondent – Tumaki/ Principal |
| Abstract | AUTHORITY FOUND – UNJUSTIFIED DISMISSAL: Not established that Board of Trustees pre-determined decision to dismiss applicant. Respondent did not appropriately raise performance concerns with applicant. Once finding of misconduct was made there was no second step to the process. Board of Trustees decided not to conduct a performance review. Dismissal was not something a fair and reasonable employer could have done in all the circumstances. Dismissal unjustified. Compensation to be determined by further submissions. |
| Result | Application granted ; Compensation to be determined ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | Education Act 1989 s155 ; Education Act 1989 Schedule 6 ; Education Act 1989 Schedule 6 Cl8(4) ; Education Act 1989 Schedule 6 Cl8(6) ; Education Act 1989 Schedule 6 Cl11(A) ; ERA s174C(4) ; ERA s174C(3)(a) ; ERA s174E |
| Cases Cited | Campbell v Commissioner of Salford School [2015] NZEmpC 122 ; Chief Executive of Department of Corrections v Imo EmpC AC57/07, 14 November 2007 Edwards v Board of Trustees of Bay of Islands College [2015] NZEmpC 6 ; Lewis v Howick College Board of Trustees [2010] ERNZ 1 (EmpC); New Zealand Educational Institute v Board of Trustees of Auckland Normal Intermediate School [1992] 3 ERNZ 243 (EmpC) ; Richardson v The Board of Trustees of Wesley College [1999] 2 ERNZ 199 |
| Number of Pages | 28 |
| PDF File Link: | 2017_NZERA_Auckland_233.pdf [pdf 312 KB] |