| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 89/01 |
| Determination date | 22 August 2001 |
| Member | Y S Oldfield |
| Representation | P Cole ; D Law |
| Location | Auckland |
| Parties | Joynt v Board of Trustees, Manukau View School |
| Summary | UNJUSTIFIED DISMISSAL - Constructive dismissal - Jurisdiction - Whether agreement entered into at termination prevented applicant pursuing employment relationship problem - Difficulty with teaching children with behavioural problems - Claimed inadequate support - Put on competency programme to allow monitoring and evaluation - Resigned after feeling stressed and unsafe - Agreement signed in full and final settlement of all claims - Respondent not to seek applicant's deregistration - Practising certificate expired - Must have satisfactory teaching experience in order to renew certificate - Respondent refused to affirm applicant's performance because of outstanding competency issues - Whether refusal to sign affirmation breached agreement - Agreement was to resolve issues arising out of resignation - Included possible personal grievances - Accord and satisfaction - Agreement supported by consideration - Expiry out of respondent's knowledge - No requirement that respondent affirm performance - No breach by respondent - Teacher |
| Result | Application dismissed ; Costs reserved |
| Statutes | Education Act 1989 |
| Cases Cited | Marlow v Yorkshire New Zealand Ltd [2000] 1 ERNZ 206 |
| Number of Pages | 9 |
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