| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 243/04 |
| Hearing date | 9 Apr 2003 - 16 Dec 2003 (3 days) |
| Determination date | 03 August 2004 |
| Member | Y S Oldfield |
| Representation | P Pa'u ; C Chilwell |
| Location | Auckland |
| Parties | McKean v Wakaaranga School |
| Summary | UNJUSTIFIED DISADVANTAGE - Performance issues initially addressed informally - Competency procedure initiated while applicant on leave - Alleged failure to comply with employment agreement - Competency procedure not in nature of formal disciplinary process - Fair and reasonable implementation required - Notification of areas of concern and commencement of procedure appropriate - Appropriate consultation over identity of independent assessor - No unjustified disadvantage - Second claim concerning change of class level to be taught by applicant without notification - Change of level within respondent's discretion - Failure to provide clear and adequate notice of change unjustified action - Insufficient evidence of any significant disadvantage - No compensation awarded - UNJUSTIFIED DISMISSAL - Incapacity - Nine month absence from work for medical reasons - Psychiatric report indicated return unlikely in foreseeable future - Dismissed for incapacity - Adequate notice of consideration of applicant's position with respondent and opportunity for comment - All relevant information before respondent despite error in psychiatric report - Process not contaminated by certain board members' individual views - Decision to dismiss open to fair and reasonable employer - Dismissal justified - Primary teacher |
| Result | Applications dismissed ; Costs reserved |
| Statutes | Education Act 1989 s138B;ERA s129 |
| Cases Cited | Lang v Eagle Airways [1996] 1 ERNZ 574;Wilson v Jonathons Catering Co [2000] 1 ERNZ 660 |
| Number of Pages | 26 |
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