| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 80/06 |
| Hearing date | 30 Mar 2006 - 31 Mar 2006 (2 days) |
| Determination date | 24 May 2006 |
| Member | P R Stapp |
| Representation | B Henderson ; C McLorinan |
| Location | New Plymouth |
| Parties | McLennan v South Taranaki Free Kindergarten Association Inc and on behalf of the Avon Kindergarten |
| Summary | UNJUSTIFIED DISMISSAL - UNJUSTIFIED DISADVANTAGE - Serious misconduct - Number of problems between parties - Allegation applicant breached policy by talking to journalist without prior authorisation and had used threatening and/or inappropriate behaviour towards head teacher - Final warning given - Issuing warning was fair - No unjustified disadvantage - New complaints laid by co-workers about applicant's behaviour and practices - Alleged applicant had forcibly and inappropriately handled child - Alleged applicant allowed her dog to be at kindergarten in breach of regulation - Applicant suspended - Suspension justified because allegations were serious and fair and reasonable employer would be expected to investigate - No performance management process put in place over any problems - Fair and reasonable employer would have ensured accuracy of interview notes - Noted that Executive Officer helped staff members who complained type up their notes - Impression that left was that she jeopardised objectivity required of her - Respondent's analysis strayed from how fair and reasonable employer would have viewed matter, considering differences on application of professional standards and acceptable performance and having regard to applicant's explanation and denial of any inappropriate treatment towards child - Fair and reasonable employer would not have concluded allegations amounted to serious misconduct - Would have viewed issues as performance matters - Evidence that applicant's dog had been previously condoned when at kindergarten - Fair and reasonable employer would have dealt with matter amongst range of performance issues - Unjustified dismissal - Reinstatement ordered - Recommended that reinstatement be held up for four weeks, or such mutually agreed shorter time, so parties and their representatives could cooperate on necessary arrangements to implement determination and undertake further mediation in respect of broader employment relationship problem - Contributory conduct 1/3rd - Length of service not specified - Kindergarten teacher |
| Result | Application granted ; Reimbursement of lost wages (Quantum to be determined less 1/3rd contributory conduct) ; Compensation for humiliation etc ($10,000 reduced to $6,667) ; Reinstatement ordered ; Costs reserved |
| Statutes | ERA s103A |
| Number of Pages | 14 |
| PDF File Link: | wa 80_06.pdf [pdf 69 KB] |