Teacher discipline
Serious misconduct and misconduct
There is no one way to approach disciplinary issues. However, the way you handle these difficult situations can have significant legal consequences for your institution. One important disclaimer: This is only a general overview. Specific matters should be referred to the New Zealand School Trustees Association or to your legal adviser.
The material for this folio was assembled by Simon Mitchell and Paul Pa'u.
Grounds for termination of employment
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The following outlines some grounds on which employment may be terminated, and issues relating to procedural fairness and personal grievance.
Misconduct
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The following summarises nine possible areas or activities that could be considered as misconduct.
Serious misconduct
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What is the test to determine whether misconduct is actually serious misconduct?
Procedural advice
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In this area, it is vitally important that correct procedure is always followed. Here are some issues to consider when determining the approriate procedure and steps to take.
Discipline options
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What options are available to you if staff misconduct has occurred?
Judicial review
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What place do the court and other official bodies like the Teachers Council have in this process?
Possible scenarios
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The following are some common examples of situations involving discipline.
Definitions
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Key definitions for the employer, personal grievance, constructive dismissal, procedural fairness, substantive justification, and onus of proof that may assist in understanding this area.
Case study: The Employment Court
by Gubb and Partners – 2005
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This is a significant and recent Employment Court decision, regarding health and safety in the workplace, and obligations of schools under the Education Act 1989 and the Collective Employment Agreements.
