School principal dismissed for fraud without any proof…

An employee working as a principal was accused of deliberately misappropriating school funds. The employee was dismissed by her employer after she made payments to her husband who was working as a relief teacher for the school. The principal employed her husband after she was instructed not to do so by her employer. This was because he was subject to a Teachers Council investigation.

The Employment Relations Authority upheld her personal grievance claim for unjustified dismissal. The ERA held that the employer’s investigation process was flawed as many key witnesses were not spoken to. The ERA found that there was no proof that the employee had acted in a deliberate or corrupt way, and noted that she could have merely been careless or ineffective in performing her duties.

The ERA awarded over $20,000 for lost wages and compensation after deducting 50 per cent for the employee’s own contribution to the situation which led to her dismissal. The employee and her advocate were not cooperative or open during the investigation, and as a result the parties were unable to arrive at a less severe outcome.