Teacher not guilty of taking leave when not sick…

The Teachers Disciplinary Tribunal has rejected an allegation against a teacher that she was not genuinely ill when she took sick leave from her school.  The teacher had been dismissed by her school for taking sick leave, because the school did not believe that she was actually sick and had not received medical certificates to cover all of the sick days.

However, the Tribunal found that the Complaints Assessment Committee had failed to prove that the teacher was not sick.  The onus was on the school to require further information if it was not satisfied with the medical certificates that the teacher had provided.

Although the teacher, in this case, was found not to be guilty of the allegations, the case is a reminder that taking unjustified sick leave, while a teacher is not unwell, could result in a finding of serious misconduct. This is because the learning of students can be impacted by a teacher’s absence without justification.

Alan Knowsley

Education Lawyer
Wellington