| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 87/05 |
| Hearing date | 14 Feb 2005 - 17 Feb 2005 (4 days) |
| Determination date | 22 June 2005 |
| Member | P Montgomery |
| Representation | RJ Reynolds (in person) ; AW Robinson, A Butler |
| Location | Christchurch |
| Parties | Reynolds v Board of Trustees of Buller High School |
| Summary | UNJUSTIFIED DISMISSAL - Constructive dismissal - Applicant gave notice of resignation - Concerted effort by respondent's Principal to resolve issue and retain her services - Authority found first resignation withdrawn by implication by applicant - Claims based on events leading to first resignation had no validity - At staff meeting applicant raised issue of particular students smoking outside library - Deputy Principal had dealt with particular students in relation to smoking and thought applicant was assaulting her professional standards - Later Deputy Principal addressed her concerns directly with applicant in over-boisterous way in library when students were present - Applicant complained to Principle about Deputy Principal's actions - Principal asked her to consider his request that she give him time to investigate incident - Applicant resigned without notice following morning - Deputy Principal apologised to applicant for her inappropriate communication - Applicant repudiated employment agreement without permitting Principal to investigate - Applicant unreasonable and not entitled to repudiate employment agreement on basis of either what Deputy Principal said to her or allegation Principal failed to give her assurance he would investigate matter - Having severed employment relationship applicant was not entitled to any inquiry by Principal or Board of Trustees, as she requested - No personal grievance - Non-publication order in respect of names and identifying details of two people mentioned in evidence - Library Assistant |
| Result | Application granted ; Orders accordingly ; Costs reserved |
| Number of Pages | 9 |
| PDF File Link: | ca 87_05.pdf [pdf 49 KB] |