Kindy teacher gets job back and compensation

A Taranaki kindergarten that fired a long-serving teacher for allegedly "man-handling" a child and bringing her dog to work has been ordered to give the woman her job back, plus $6666.66 for hurt feelings and lost earnings.

On May 24, the Employment Relations Authority ruled that Avon Kindergarten head teacher Lynne McLennan had been unjustifiably dismissed in October last year.

Ms McLennan, who had been employed at the kindergarten for 11 years, told the authority that she had been the victim of a conspiracy, and her employment had become "a nightmare where staff and support workers were 'encouraged' to act against her".

The authority did not find sufficient evidence to support this claim, but noted the way in which the South Taranaki Free Kindergarten Association had made the decision to dismiss Ms McLennan was "fundamentally flawed" in several respects.

The association had suspended Ms McLennan on September 16, 2005, after a relieving teacher and a part-time support worker made statements alleging she had "forcibly and inappropriately" handled a child who had just bitten another child.

Ms McLennan was reported to have "rushed outside, raising her voice, grabbed the child, pulled her inside and forcefully placed her on the sofa", telling her she was "a naughty girl".

Secondly, the women said Ms McLennan took her dog to the kindergarten on a regular basis, in breach of Early Childhood Regulations.

Employment Relations Authority member Paul Stapp noted that the relationship between Ms McLennan and the senior teacher, Dawn Osman, had been "fraught for some time involving disciplinary matters and performance management".

Prior to the two complaints, Ms McLennan had been under a final warning for her personal dealings with some people, and allegedly talking to the media without authorisation.

However, Mr Stapp noted that Ms McLennan had the support of other people, including parents.

He said that while the suspension was justified because of the seriousness of the allegations, "the association's analysis has strayed from how a fair and reasonable employer would have viewed the matter", and the investigation had lacked fairness and objectivity.

The authority found that Ms McLennan was partly blame for the situation that gave rise to her personal grievance: she should have been "astute" enough to handle a child with a behavioural problem, and could avoided conflict over taking her dog to work by discussing it with her employer.

However, Mr Stapp said Ms McLennan's share of the blame -- about one-third -- was not enough to prevent her resinstatement.

She wanted her job back, despite the employer's contention she was not wanted, and the complicating fact that the other teacher at Avon had given evidence against her.

Despite this Mr Stapp directed the association to resinstate Ms McLennan to her position as senior teacher.

He also said she was entitled to $10,000 "for injury to her feelings" plus lost wages from the date of dismissal to the reinstatement taking effect.

However, the compensation and the wages were to be reduced by one-third in light of Ms McLennan's partial culpability.

He recommended that the resinstatement be postponed until the parties could undergo mediation.

- NZPA