| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 125/01 |
| Determination date | 04 September 2001 |
| Member | J Wilson |
| Representation | J Robson ; R Harrison |
| Location | Auckland |
| Parties | Taylor v Board of Trustees - Te Awamutu Intermediate School |
| Summary | UNJUSTIFIED DISADVANTAGE - Alleged unjustified action to detriment of applicant - Transferred from specialised teaching position to general classroom teacher - Had taught art for 18 years - Transfer led to ill health and breakdown of confidence - Whether surplus staffing situation - Alleged redeployment following fair process - Alleged not required to follow contractual procedures because not a surplus situation - Entitled to review mix of teaching staff - Not required to keep specialist teaching position - No previous expectation to maintain familiarity with general curriculum - Disestablishment amounted to staffing surplus situation - Minimum procedural requirements met - Any procedural flaws remedied by subsequent reconsideration of decision - Reinstatement and order of compensation not appropriate - Obligations to consider options for future employment not met - Parties to determine future employment options - Art teacher |
| Result | Application granted in part ; Orders accordingly ; Costs reserved |
| Statutes | Education Act 1989;Education Act 1989 s65;Education Act 1989 s65(2);Education Act 1989 s75;Education Act 1989 s76;State Sector Act 1988 s77A |
| Cases Cited | Baguley v Coutts Cars Ltd [2000] 2 ERNZ 409;Group Rentals NZ Ltd v Canterbury Clerical Workers IUOW [1987] NZILR 255;Sanson v Auckland Regional Council [1999] 1 ERNZ 708;Spotless Services (NZ) Ltd v Service and Food Workers Union Inc in respect of Walker [2000] 1 ERNZ 125;Rankin v Attorney General in respect of the State Services Commissioner [2001] ERNZ 476;Wellington, etc Furniture Trades Union v BC Hart (Nelson) Ltd [1989] 1 NZILR 455 |
| Number of Pages | 11 |
| PDF File Link: | aa 125_01.pdf [pdf 66 KB] |