| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 124/05 |
| Hearing date | 15 Feb 2005 - 16 Feb 2005 (2 days) |
| Determination date | 11 April 2005 |
| Member | J Wilson |
| Representation | P Cranney ; D France |
| Location | Auckland |
| Parties | Naughton v Vice-Chancellor University of Auckland |
| Summary | – UNJUSTIFIED DISMISSAL – Applicant’s position had initial term of four years, which could have been continued by agreement pursuant to Continuation policy - Applicant applied for continuation – Continuation deferred while certain processes completed (e.g. performance review, demonstration of viable PhD degree, teaching evaluations) – Was advised needed to complete PhD - Staffing committee recommended applicant’s employment be terminated – Dean wrote to applicant advising of recommendations and sought meeting to consider any further information – Despite applicant’s request to postpone meeting, meeting held as scheduled and following day applicant advised employment terminated - Applicant unaware of all information available to committee and Dean – Although advised needed to complete PhD, was at very least confusion around timetable for completion – Termination of employment unjustified – Remedies – Reinstatement ordered – Pursuant to Employment Relations Amendment Act 2004 considered appropriate that Authority make recommendations to prevent similar problems occurring – Recommendations made that continuation policy be reviewed to ensure procedures set out met minimum standards, that policy be available to and understood by employees to whom it applied, and that persons responsible for administering policy understand policy and their responsibilities - Senior Lecturer in Music Education |
| Result | Application granted ; Reimbursement of lost wages (Quantum to be determined) ; Reinstatement ordered ; Compensation for humiliation etc ($10,000) ; Recommendations made accordingly ; Cost reserved |
| Statutes | Employment Relations Amendment Act (No 2) 2004 |
| Cases Cited | Trotter v Telecom Corp of NZ Ltd [1993] 2 ERNZ 659 |
| Number of Pages | 10 |
| PDF File Link: | aa 124_05.pdf [pdf 57 KB] |