| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 257/10 |
| Hearing date | 30 Oct 2009 |
| Determination date | 27 May 2010 |
| Member | Y S Oldfield |
| Representation | T Kurta ; J Wickes |
| Location | Auckland |
| Parties | Steffen v Regent International Education Group Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Serious misconduct – Applicant claimed dismissal substantively and procedurally unjustified – Applicant claimed did not harass student, denied serious misconduct, and argued not given opportunity to answer to allegations – Respondent identified issues with applicant’s approach to work within weeks of applicant’s employment – Before respondent had opportunity to discuss issues, received first complaint from applicant’s students regarding provision of class time to complete homework – Respondent met with applicant and outlined teaching expectations – Respondent received second complaint from home stay parents of student (“P”) who alleged student had come home crying as bullied and accused of cheating by applicant – Respondent explained to applicant at meeting that handling of student inappropriate – Respondent argued unhappy with applicant’s reaction at meeting – Respondent received third complaint from P that applicant had on two occasions taken student out of class to confront student about fact P had complained to respondent – Student complained on one occasion applicant pulled student out of another teacher’s class and “told off” for getting applicant into trouble – Subsequently student received email from applicant stating interference from P unacceptable, sought written apology, and would not mark any further work of student until apology received – Respondent called emergency board meeting after received email and spoke to P – Respondent argued email abusive and constituted serious harassment – Respondent concluded applicant’s actions serious misconduct – Applicant summarily dismissed – Respondent argued lost all faith and confidence applicant would adhere to employment obligations – Authority found fundamental elements of procedural fairness missing from respondent’s process – Found not prepared to accept at time facts so clear instant dismissal justified – Dismissal unjustified – REMEDIES – Applicant argued sent email because had to take matters into own hands – Claimed did not believe email abusive and was appropriate to send – Authority found respondent’s assessment of email entirely fair and reasonable – Found content of email more than inappropriate – Found email could be described as bullying – Found applicant’s failure to appreciate inappropriate and unprofessional actions demonstrated serious lack of insight into own behaviour – Found applicant’s approach to student contravention of direct instruction from respondent – Found applicant’s actions amounted to serious misconduct – Found 100 percent contributory conduct – English Teacher |
| Result | Application granted (Unjustified dismissal) ; No remedies (100 percent contributory conduct) ; Costs reserved |
| Main Category | Personal Grievance |
| Cases Cited | Airline Stewards and Hostesses of NZ IUOW v Air NZ Ltd [1990] 3 NZILR 584 ; [1990] 3 NZLR 549; (1991) 4 NZELC 95,259 ; (1990) ERNZ Sel Cas 985 |
| Number of Pages | 8 |
| PDF File Link: | aa 257_10.pdf [pdf 24 KB] |