| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 210/02 |
| Hearing date | 20 May 2002 |
| Determination date | 19 July 2002 |
| Member | T Woods |
| Representation | P Andrew ; Ray Parmenter |
| Location | Auckland |
| Parties | Uzan-Greer v Kohimarama School Board of Trustees |
| Summary | UNJUSTIFIED DISMISSAL - Incompatibility - Complaints by colleagues - Disciplinary action led to action plan to resolve differences - Warning given - Applicant took 3 months extended leave - Co-workers threatened resignation if applicant returned - Principal unable to contact applicant - Respondent board decided to dismiss applicant in absentia - Decision to dismiss substantively unjustified - Warning and action plan sufficient disciplinary sanction - No further conduct by applicant to justify further punishment - Alternatives to dismissal available - Dismissal procedurally flawed - Failed to divulge concerns or notify of disciplinary meeting - Dismissal unjustified - Remedies - Contributory conduct - Applicant contributed to procedural deficiencies - Remedies reduced by 15 percent - Primary school teacher |
| Result | Application granted ; Reimbursement of lost wages ($37,522.95 reduced to $31,894.51) ; Interest ( 6 percent) ; Compensation for humiliation etc ($10,000 reduced to $8,500) ; Costs reserved |
| Statutes | ERA Second Schedule cl11 |
| Cases Cited | Canterbury Clothing Union v Caroline Goodman Fashions Ltd [1982] ACJ 121 |
| Number of Pages | 11 |
| PDF File Link: | aa 210_02.pdf [pdf 52 KB] |