Employer to pay $50,000 following unfair process after keeping complainants anonymous…

The Employment Relations Authority has ordered an Auckland College to pay a teacher $50,000 following two personal grievances, one for unjustified disadvantage and one for her unjustified dismissal.

The teacher was dismissed after an investigation into allegations that lasted over a year. The investigation was the result of complaints about the teacher’s performance made by students in one of her classes. The complaints focused on the teacher being grumpy and unapproachable, being late for class, and generally not assisting the students to learn properly.

The Employment Relations Authority said that the College failed to treat the teacher fairly because it refused to provide the names of the complainants and refused to provide a sufficient degree of detail regarding the complaints, which meant the teacher could not properly respond. The College only provided the teacher with generalised complaints about her performance.

In order to give an employee the ability to respond appropriately, an employer should provide dates, times, and sufficient detail about the allegations. In this case, the College failed to do so.

There are circumstances where an employer can withhold the identity of a complainant, however it must only be in exceptional circumstances.

The Employment Relations Authority said that it is a basic right that one may confront one’s accuser, know that person’s name, hear them openly make their allegation, and have a proper opportunity to respond.

Alan Knowsley

Employment Lawyer Wellington