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A language teacher was unjustifiably dismissed after allegations of misconduct that were never defined turned out to be more about personal animosity with the school's principal, the Employment Relations Authority has ruled.
The ERA ruling said the principal of Auckland's St George language school Kevin Moncur was unhappy with the contents of the 2010 Academic Board Report so prepared his own report in response.
He provided his report to staff who were then given the opportunity to raise their concerns about inaccuracies they thought it contained.
However, at a meeting when these were to be read out by Pat Bidois, a language teacher and union representative, Moncur became agitated.
''He viewed the report as being an attack on management and in particular him personally,'' ERA member Rachel Larmer said.
Moncur asked Bidois to stop three or four times but she continued to read out the staff comments.
Larmer said the meeting became tense because of Moncur's actions - in talking over Bidois and raising his voice.
''I consider that Mr Moncur attempted to stop Ms Bidois solely because the views she expressed contradicted his personal view.''
On January 26 Moncur decided that a disciplinary process was appropriate and sent a letter to Bidois saying she had engaged in misconduct that breached the school's ''culture, mission and code''. The letter did not identify what words or conduct she was alleged to have engaged in.
''I find it was impossible from the letter to understand exactly what Mr Moncur was concerned about,'' Larmer said.
Prior to the meeting Moncur approached a number of staff to request they sign a statement he had prepared expressing concern about Bidois' actions. Most refused to sign.
Larmer said Moncur displayed bias from the outset and his actions were an inappropriate attempt to obtain support for his personal views. She said Moncur was ''extremely upset, hurt and offended'' which coloured all of his actions.
He also had personal animosity toward Bidois.
Larmer said the process was unfair from the outset. Moncur should not have been a key witness, complainant and decision maker.
Later Bidois, as a union delegate, expressed concern over the appointment of a new education manager at the school who was neither a New Zealand citizen nor permanent resident, something that violated the school's own policy.
She also asked to see a copy of the manager's degree.
Moncur said the new manager was offended by these concerns and asked her to apologise, which she agreed to.
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However Moncur viewed her request as a disciplinary matter and at a meeting with management decided Bidois should be dismissed immediately.
Larmer said the whole process was ''unfair'' and ''defective''.
She said Bidois was unjustifiably dismissed and unjustifiably disadvantaged in her employment.
Bidois was awarded about $10,500 in lost remuneration and distress compensation.
- © Fairfax NZ News |
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发表于 2012-11-9 17:11:01
