The Employment Relations Authority has dismissed a personal grievance claim for unjustified dismissal brought by a School Principal against his employer.

The Principal was held to have failed in his duty to protect students from a sexually abusive teacher at the school.

The Principal:

  1. Either knew or should have known that the teacher was taking students home;
  2. Failed to adequately follow up and document actions taken after being warned by the Police of their suspicions;
  3. Failed to monitor the teacher’s behaviour; and
  4. Failed to properly reintegrate the students back into the school.

The ERA held that these concerns were properly investigated and the employer was entitled to regard them as serious misconduct justifying dismissal.