| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 229/09 |
| Hearing date | 12 Feb 2009 - 13 Feb 2009 (2 days) |
| Determination date | 14 July 2009 |
| Member | L Robinson |
| Representation | J Watson ; P Robertson |
| Location | Auckland |
| Parties | Masina v Waititi as the Commissioner of Te Kura Kaupapa Maori o Kokiri o Te Rahuitanga o Otara |
| Summary | UNJUSTIFIED DISMISSAL – Applicant claimed unjustifiably dismissed following Teachers Council’s (“TC”) decline of applicant’s limited authority to teach (“LAT”) application – Respondent argued frustration of contract – Education Act 1989 (“EA 1989”) provided unlawful to employ teachers without practicing certificate or LAT – No practicing certificate held by applicant however was granted consecutive LATs – TC declined applicant’s final LAT application - Respondent dismissed applicant as unlawful to continue employment under EA 1989 – Authority found dismissal substantively justified as applicant ineligible to perform duties relieving respondent of obligation to continue employment relations – Authority did not regard situation as frustration of contract – Found inappropriate to disturb TC’s decision and noted applicant had alternative avenues to challenge decision – Applicant claimed respondent contributed to TC’s decision by misinforming TC on three matters – First, respondent advised TC applicant’s employment fixed term therefore even if LAT granted, applicant only employed for duration of term – Second, respondent failed to advise TC applicant incumbent principal - Third, respondent detrimentally misrepresented applicant’s abilities to TC – Found respondent’s inaccurate information misinformed TC and unfair for respondent to express doubts about applicant’s abilities – Found however, TC would have made same decision – Alternatively, if was unjustified dismissal, no remedies would be awarded as applicant’s failure to become registered and qualified contributed to situation – Dismissal justified – BREACH OF CONTRACT – Authority found breach of contract not grounds to challenge dismissal – PENALTY – COMPLIANCE ORDER - Authority found no grounds to order penalty and compliance – Principal |
| Result | Applications dismissed ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s103A;Education Act 1989 s120B(2);Education Act 1989 s137(2) |
| Number of Pages | 11 |
| PDF File Link: | aa 229_09.pdf [pdf 32 KB] |