| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 50/10 |
| Determination date | 08 February 2010 |
| Member | V Campbell |
| Representation | A Taylor ; R Coltman |
| Location | Auckland |
| Parties | Holland v Bright Babes Ltd t/a Bright Babes Early Learning Centre |
| Summary | PENALTY - Applicant claimed respondent breached terms of mediated Record of Settlement (“settlement”) - Claimed breach was breach of s149 Employment Relations Act 2000 (“ERA”) and sought penalty - Applicant resigned when respondent advised intended to investigate written complaint from parent - Subsequently applicant raised constructive dismissal personal grievance - Parties reached full and final settlement of grievance at mediation with applicant resigning employment - Settlement included statement protecting confidentiality of all matter discussed at mediation - Respondent informed New Zealand Teacher’s Council (“NZTC”) applicant had resigned following notification of complaint by parent - Applicant claimed informing NZTC breached settlement - Applicant accepted respondent had legal obligation to inform NZTC of resignation but claimed respondent included information subject to confidentiality clause in settlement - Authority found respondent had mandatory statutory obligation to inform NZTC when teacher resigned following notification intended to investigate any aspect of teacher’s conduct or competence - Found failure to report was offence - Found respondent did not disclose any terms of settlement or any discussions held in mediation - Found respondent did not breach s149 ERA - Penalty declined - Head Teacher |
| Result | Application dismissed ; Costs reserved |
| Main Category | Penalty |
| Statutes | Education Act 1989 s139AC;Education Act 1989 s139AK;Education Act 1989 s139AO;ERA s149 |
| Number of Pages | 4 |
| PDF File Link: | aa 50_10.pdf [pdf 28 KB] |