| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 138/03 |
| Hearing date | 30 Oct 2003 |
| Determination date | 19 December 2003 |
| Member | P Montgomery |
| Representation | N Rayner ; N Fraser |
| Location | Christchurch |
| Parties | Kenny v Otago Boys' High School |
| Summary | UNJUSTIFIED DISMISSAL - Refused to give consent to police vetting - Section 78C Education Act 1989 required state school boards to obtain police vet of non-teaching employees - Section 78C Education Act applied to applicant - Respondent met obligations under collective agreement in effecting dismissal - Respondent could not compel applicant to give consent - Respondent had statutory duty to request applicant to consent - Respondent's procedure misdirected due to inappropriate advice that applicant would face summary dismissal - Inevitable outcome was termination of employment when applicant continued refusal to consent - Dismissal justified - School hostel cook |
| Result | Application dismissed ; Costs reserved |
| Statutes | Education Act 1989 s78C;Education Standards Act 2001;ERA s5 |
| Number of Pages | 5 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |