| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 32/09 |
| Hearing date | 22 Jan 2009 - 23 Jan 2009 (2 days) |
| Determination date | 05 February 2009 |
| Member | J Wilson |
| Representation | G Pollak ; SJ Davies |
| Location | Auckland |
| Parties | Daly v Northern Auckland Kindergarten Assn |
| Summary | UNJUSTIFIED DISADVANTAGE – Suspension - Applicant suspended then dismissed for behaviour in Special General Meeting (“SGM”) – Authority reinstated applicant in determination AA 435/08 – Authority found in disciplinary meeting applicant’s support person advised proposed suspension would be unjustified and illegal – Found this constituted sufficient opportunity to make submissions on suspension, as required by collective employment agreement – Found respondent considered suspension appropriate as lost trust and confidence in applicant – Disadvantage justified - UNJUSTIFIED DISMISSAL – Serious misconduct – Dismissal letter stated applicant dismissed for serious breach of implied duty of trust and confidence – Applicant took photos at SGM after being warned actions would constitute serious misconduct – Applicant denied taking photos – Respondent concluded applicant lying – Respondent considered previous incidents where applicant refused to accept responsibility for behaviour – Authority found respondent did not rely on incidents not put to applicant during disciplinary process – Found respondent justified in concluding applicant undermined trust and confidence – Disciplinary process fair – Dismissal justified – Interim reinstatement order rescinded - Length of service 13 years - Senior teacher |
| Result | Application dismissed ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s103A |
| Cases Cited | Air New Zealand Ltd v Hudson [2006] ERNZ 415;Arthur D Riley and Co Ltd v Wood [2008] ERNZ 462;Julian Blaker v B & D Doors (NZ) Ltd unreported, Travis J, 21 Sep 2007, AC 8B/07;X v Auckland District Health Board [2007] ERNZ 66 |
| Number of Pages | 18 |
| PDF File Link: | aa 32_09.pdf [pdf 56 KB] |