| Restrictions | Includes non-publication order |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 228/10 |
| Hearing date | 15 Feb 2010 |
| Determination date | 17 May 2010 |
| Member | V Campbell |
| Representation | R Hooker ; G Finnigan |
| Location | Hamilton |
| Parties | Barratt v Te Puna Reo O Wairaka Unitec Maori Kaupapa Early Childhood Centre Inc. |
| Summary | UNJUSTIFIED DISMISSAL – Serious misconduct – Respondent received allegations applicant smacked one child, hit another child across back of head and threatened own grandchild with smacking while working at respondent – Respondent not alerted to first allegations until four months after incident – Applicant denied allegations – Applicant suspended on full pay while allegations investigated – Applicant invited to attend disciplinary meeting – Enquiries consistent with applicant’s explanations – Applicant provided information similar complaint made by parent who made initial allegations found to be unsubstantiated – Mother of child involved in first allegation said if child had been smacked would have told her but did not – Applicant subsequently dismissed – Authority found dismissal had wide ramifications for applicant – Applicant currently under investigation by Teachers Registration Board - Found investigation not full or fair – Found delay in alerting respondent to first incident not satisfactorily explained – Found psychologist’s report should have been treated with caution – Found respondent not in position to feel confident serious misconduct established – Dismissal unjustified – REMEDIES – No contributory conduct – Applicant had made no effort to find alternative employment since dismissal – Authority declined to award more than three months lost wages – Parties left to calculate precise sum – Applicant sought $15,000 compensation – $7,000 compensation appropriate – Early childhood teacher |
| Result | Application granted ; Reimbursement of lost wages (3 months) ; Compensation for humiliation etc ($7,000) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s103A;ERA Second Schedule cl10 |
| Cases Cited | Air New Zealand v Hudson [2006] ERNZ 415;Lewis v Howick College Board of Trustees [2010] NZEC 4;New Zealand (with exceptions) Shipwrights etc Union v Honda NZ Ltd [1989] 3 NZILR 82;Toll New Zealand Consolidated Ltd v Rowe [2007] ERNZ 840;X v Auckland District Health Board [2007] ERNZ 66 |
| Number of Pages | 9 |
| PDF File Link: | aa 228_10.pdf [pdf 29 KB] |