| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 79/05 |
| Hearing date | 26 Jan 2005 - 3 Feb 2005 (3 days) |
| Determination date | 03 March 2005 |
| Member | L Robinson |
| Representation | R Harrison ; P Robertson |
| Location | Auckland |
| Parties | Edwards v Webb as Limited Statutory Manager of the Board of Trustees of Tokoroa High School |
| Summary | UNJUSTIFIED DISADVANTAGE - Suspension - Applicant was Principal of high school at which respondent appointed Limited Statutory Manager (LSM") - Parties disagreed over role of LSM - Applicant advised was suspended for five days for allegedly ordering respondent out of his office, refusing her access to speak to some staff members and refusing her attendance at a meeting - Suspended for three weeks until reinstated by Authority - Suspension in breach of collective agreement which required applicant had opportunity to make submissions - Suspension not appropriate because of genuine dispute between parties about delineation of their roles - Conduct not sufficiently serious to require suspension - Applicant had acceded to all respondent's requests later that same day - Essentially suspended because of disrespectful attitude - Unjustified disadvantage - Remedies - No contributory conduct - Not accepted applicant yelled at respondent - Inequitable to blame applicant for seeking clarification of roles - Media publicity and rumours in community - Completely devastated by suspension - Recommendations - LSM had no more or less powers, functions and obligations as employer than Board of Trustees - Board had ultimate overall responsibility for school's operation but day to day administration of school entirely at Principal's discretion - Appointment of LSM did not extinguish implied duties of trust and confidence, express obligation to be good employer and statutory duty of good faith - Recommended parties took steps to establish working protocols - Recommended respondent receive assistance to recognise legal obligations owed to applicant - Respondent entitled to call on Ministry of Education or Secretary to meet any orders against her - School Principal" |
| Result | Application granted ; Compensation for humiliation, etc ($12,000) ; Costs reserved |
| Statutes | Education Act 1989 s75;Education Act 1989 s76;Education Act 1989 s78(h);Education Act 1989 s78Q;ERA s124 |
| Number of Pages | 11 |
| PDF File Link: | aa 79_05.pdf [pdf 74 KB] |