| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 224/02 |
| Hearing date | 26 Jun 2002 |
| Determination date | 02 August 2002 |
| Member | J Wilson |
| Representation | P Pa'u ; P Cullen |
| Location | Auckland |
| Parties | Scanlan v Academy New Zealand (Otahuhu) |
| Summary | UNJUSTIFIED DISMISSAL - Serious misconduct - Student complained he was assaulted by applicant - Interviews with students revealed allegations of swearing and threatening behaviour - Admitted at first disciplinary meeting to having grabbed student and shoved him - Gained legal advice before further disciplinary meetings - Admission before legal advice sought not sufficient to render whole process unfair - Process not perfect - Substantially fair and reasonable according to standards of fair-minded but not over-indulgent person - Conduct deeply impairing of basic trust and confidence - Dismissal procedurally fair and substantively justified - Alternative education teacher |
| Result | Application dismissed ; Costs reserved |
| Cases Cited | NZ (with exceptions) Food Processing etc IUOW v Unilever NZ Ltd [1990] 1 NZILR 35;W & H Newspapers Ltd v Oram [2000] 2 ERNZ 448 ; [2001] 3 NZLR 29 |
| Number of Pages | 6 |
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