| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 260/05 |
| Hearing date | 23 Mar 2005 |
| Determination date | 15 July 2005 |
| Member | K J Anderson |
| Representation | MR Ihaia (Applicant in person) ; M Hammond, C McGregor |
| Location | Auckland |
| Parties | Ihaia v Te Wananga O Aotearoa |
| Summary | UNJUSTIFIED DISMISSAL - Serious misconduct - Respondent received letter of complaint from student alleging students were recorded as graduates when course requirements had not been met - Investigation into allegations uncovered irregularities in attendance records associated with students taught by applicant - Applicant acknowledged some students had not met attendance requirements but adamant that deserved to graduate - Respondent dismissed applicant for serious misconduct including ignoring its directives, making decisions without prior approval, and intentionally misleading respondent - Following dismissal parties attended so-called mediation meeting" - Respondent believed settlement had been reached but applicant pursued personal grievance - Meeting was not mediation and oral agreement was not mediated settlement - Applicant chose to breach agreement which relieved respondent of further obligation - Whether dismissal justified - Applicant knew or should have known what was required of students - Fair and reasonable investigation - Dismissal justified - ARREARS OF WAGES - Applicant alleged expenses due and owing - Respondent's practice to reimburse legitimate expenses but process had to be followed - Applicant gave no evidence steps had been followed - No evidence of entitlement to expenses - Claim declined - Tutor" |
| Result | Application dismissed ; Costs reserved |
| Statutes | ERA s5;ERA s147;ERA s148;ERA s149 |
| Cases Cited | Airline Stewards and Hostesses of NZ IUOW v Air New Zealand Ltd [1990] 3 NZLR 549;Northern Distribution Union v BP Oil NZ Ltd [1992] 3 ERNZ 483 |
| Number of Pages | 6 |
| PDF File Link: | aa 260_05.pdf [pdf 40 KB] |