An employee who worked as a Principal has had one of four personal grievance claims upheld by the Employment Relations Authority.

The Principal was suspended and then dismissed after several complaints were made about her behaviour.

The ERA rejected the employee’s personal grievance claim for disadvantage in respect of one of the complaints which the school received about her. The ERA held that the employer was justified in investigating the complaint and acted in a fair and reasonable manner by giving the employee an opportunity to respond to the complaint. The employer also made the decision not to take any action despite having received three other complaints.

The ERA upheld the employee’s personal grievance claim for being unjustifiably suspended. The ERA found that the employer wanted the employee removed from the school and used an opportunity which arose to suspend her despite there being no change in the need to remove her as Principal. The ERA also held that the employer failed to give the employee a proper opportunity to respond to the proposed suspension.

The ERA rejected the employee’s personal grievance claim that the process adopted by the employer during the investigation disadvantaged her. The ERA held that the employer did not deliberately make the process expensive or stressful for the employee but that it was her choice to use a lawyer and it was her who initiated long exchanges between the party representatives. The ERA also found that the investigation was completed within a reasonable period of time and the decision to withhold material was not crucial to the decision to dismiss her.

The ERA rejected the employee’s personal grievance claim for unjustified dismissal. The ERA held that the employer’s decision to dismiss the employee was one that a fair and reasonable employer could make in the circumstances. The ERA held that the process the employer followed leading to the dismissal was appropriate as he constantly advised her of his concerns and gave her an opportunity to respond.

The ERA awarded $5,000 compensation for humiliation, loss of dignity and injury to feelings.