| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 176/10 |
| Hearing date | 2 Mar 2010 - 3 Mar 2010 (2 days) |
| Determination date | 19 April 2010 |
| Member | R A Monaghan |
| Representation | R Harrison ; J Phipps |
| Location | Auckland |
| Parties | Martin v Northland Education Trust Inc. |
| Summary | UNJUSTIFIED DISMISSAL - Serious misconduct - Applicant claimed dismissal unjustified – Respondent claimed applicant used unapproved material in class in breach of employment agreement (“EA”), therefore dismissal justified - Respondent part of wider organisation that operated private schools which adhered to principles of Exclusive Brethren Church - EA contained ethos and guiding principles of school community (“ethos”) - Ethos provided only literature approved by trustees could be brought onto school premises - EA included clause where employee agreed to comply with ethos - Breach of clause amounted to serious misconduct - Applicant taught King Lear to Year 13 English students - Respondent had approved particular publication of King Lear for use - Applicant claimed struggled with text and expressed concerns about lack of approved supporting material - Applicant informed could use extra material but approval required - Applicant began using modern translation of text without approval - Translation came from site considered acceptable by body contracted to Ministry of Education to provide curriculum support in schools - Content of translation made at least one student uncomfortable - Student’s parent raised concerns with one of respondent’s trustees - Applicant spoken to about translation and ceased using it - Applicant attended disciplinary meeting where acknowledged had been instructed to obtain approval for materials - Applicant’s explanation for not obtaining approval rejected - Respondent considered translation embarrassing, corrupting, and morally defiling to development of students - Considered failure to obtain approval clear breach of ethos - Respondent concluded breach serious misconduct and applicant summarily dismissed - Authority found applicant failed to seek approval for translation when knew was required - Found explanation for failure to obtain approval appeared weak - Found error of judgment not to recognise bluntness of translation would cause difficulties - Found respondent’s values and special requirements of staff spelled out in EA and other material, and respondent entitled to require applicant to adhere - Found element of approval regarding use of literature on school premises important in ensuring special nature of school observed and preserved - Found failure to seek approval more significant in circumstances because of importance known to be attached to ethos, and role of trustee approval in supporting adherence to ethos - Dismissal justified - Teacher |
| Result | Application dismissed ; Costs reserved |
| Main Category | Personal Grievance |
| Number of Pages | 9 |
| PDF File Link: | aa 176_10.pdf [pdf 33 KB] |