| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 152/02 |
| Hearing date | 14 May 2002 |
| Determination date | 23 May 2002 |
| Member | J Wilson |
| Representation | T Kurta ; R Parmenter |
| Location | Auckland |
| Parties | Lee v AC English Ltd (Academic Colleges Group) |
| Summary | UNJUSTIFIED DISMISSAL - Serious misconduct - Alleged breach of ethical obligations - Alleged conflict of interest - Entered into financial agreement with student - Requested to attend preliminary meeting to ascertain further investigation - Admitted conduct - Dismissed after consideration of admission - Alleged dismissal procedurally unfair as meeting preliminary - Admission removed need for investigation - Alternatively contributory conduct would have meant no remedies awarded - Alleged student not part of respondent's school - Applicant had taught student previously - Able to influence students progress through school - Dismissal procedurally and substantively justified - COSTS - Unsuccessful personal grievance - ï¾½ day hearing - Sought contribution of $2,000 - Reasonable contribution appropriate - Teacher |
| Result | Application dismissed ; Costs in favour of respondent ($1,000) |
| Cases Cited | Auckland Local Authorities Officers IUOW v Northland Area Health Board [1991] 2 ERNZ 215;Murphy and Routhan t/a Enzo's Pizza v van Beek [1998] 2 ERNZ 607;NZ (with exceptions) Food Processing etc IUOW v Unilever NZ Ltd [1990] 1 NZILR 35 ; ERNZ Sel Cas 582;Northern Distribution Union v BP Oil NZ Ltd [1992] 3 ERNZ 483 |
| Number of Pages | 6 |
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