| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 146/01 |
| Determination date | 02 October 2001 |
| Member | R A Monaghan |
| Representation | L Campbell ; B Anderson |
| Location | Auckland |
| Parties | Jennings v Board Of Trustees Of Windy Ridge Primary School |
| Summary | UNJUSTIFIED DISADVANTAGE - Alleged failure to follow performance appraisal procedures and failure to provide adequate training - Whether discriminated against because of family responsibilities and political affiliations - Monitored as part of formal appraisal - Disagreed with appraisal notes and took constructive criticism personally - Proper procedures for performance review followed - No breach of obligations owed - No disadvantage experienced - No evidence of discrimination - Appraisal process applied to all teachers - UNJUSTIFIED DISMISSAL - Constructive dismissal - Alleged resignation caused by breaches of duty - No evidence that respondent keeping applicant under surveillance - No actions causing resignation - Claim not made out - Teacher |
| Result | Application dismissed ; Costs reserved |
| Statutes | ERA s104(1);ERA s104(2);ERA s107;ERA s119;State Sector Act 1988 s77C |
| Cases Cited | Auckland Electric Power Board v Auckland Provincial District Local Authorities Officers IUOW [1994] 1 ERNZ 168;Auckland etc Shop Employees etc IUOW v Woolworths (NZ) Ltd [1985] ACJ 963 |
| Number of Pages | 12 |
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