| Summary |
UNJUSTIFIED DISMISSAL – Serious misconduct – Applicant received verbal warning following complaint from student’s parents – Applicant received final written warning following further complaint about applicant’s interaction with students – Before written warning expired, respondent received two further complaints about applicant – Applicant dismissed following investigation – Respondent offered to re-employ applicant as teacher but without sports coordinator and management roles – Incidents in complaints were that applicant threw balls at two pupils causing pain; inappropriate comments with sexual connotations; implying with comments that student should assault another student; racist comment to student; offensive statement to student – Authority found investigation process fair, and failure to interview further students was reasonable in circumstances – Found following investigation, respondent left with only one incident of misconduct which occurred following the final written warning on which to base decision to dismiss – However, found at time of dismissal, respondent had further incidents of misconduct in mind than single act of misconduct which was upheld – Found respondent incensed by allegation applicant suggested student change subjects – Found incident which occurred before final warning issued also influenced decision – Authority noted inconsistency in applicant being reoffered teaching position, with extra duties removed, when incidents occurred in capacity as teacher – By very slender margin, found dismissal unjustified – REMEDIES - Found applicant’s failure to comprehend seriousness of, or modify, behaviour seriously contributed to dismissal – Rather than considering proportions of contribution, Authority considered each remedy against contributory conduct – Found reinstatement, with full prior duties, appropriate – Found reasonable for both final written warning and support processes to remain in place – Found if not for level of contribution applicant made to own situation, would have awarded relatively high level of compensation for evidence of stress and anxiety – No compensation awarded due to contributory conduct - Teacher/Sports Coordinator |