| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2011] NZERA Wellington 25 |
| Hearing date | 23 Nov 2010 |
| Determination date | 21 February 2011 |
| Member | G J Wood |
| Representation | G Taylor ; P Taylor |
| Location | Napier |
| Parties | Wood v Board of Trustees of Woodford House School |
| Summary | UNJUSTIFIED DISMISSAL – Constructive Dismissal – Applicant claimed constructively dismissed by respondent – Applicant returned to work after one year leave of absence and required to teach languages which applicant claimed never done before and incapable of doing properly – Respondent claimed all teachers required to teach all areas of curriculum – Authority found respondent resolved other concerns about teaching load – Applicant’s proposals to avoid teaching languages not accepted by respondent – Applicant resigned effective immediately – Applicant did not use proper complaints procedure in making complaint about principal – Applicant claimed unaware of complaints procedure – Found no intention to coerce applicant to resign – Found not principal’s role to accept applicant’s resignation but principal forced to act with immediate effect – Found applicant did not communicate with respondent severe degree of concern about treatment – Found having to teach new subject daunting but experienced teacher, using all general skills available to teachers, would have coped with work – Found applicant closed minded towards teaching new subjects – Found no breach of duty towards applicant – Found applicant’s suggested alternatives impractical and unreasonable – No dismissal – Teacher |
| Result | Application dismissed ; Costs reserved |
| Main Category | Personal Grievance |
| Cases Cited | McKean v Board of Trustees of Wakaaranga School unreported, Colgan CJ, 26 Jan 2007, AC 1/07 |
| Number of Pages | 11 |
| PDF File Link: | 2011_NZERA_Wellington_25.pdf [pdf 39 KB] |