KEY POINTS:
A school has been officially warned against suspending without pay a teacher facing criminal charges for alleged sexual offences.
Gisborne Intermediate teacher Stephen Michael Shone was arrested on March 17, and charged with indecent assault and sexual violation of teenage girls.
His alleged offences involved former pupils of the school, whose board suspended him on full pay on March 22.
Mr Shone is on bail, and under his bail conditions, must live in Napier. His trial is expected to take place in June 2008.
Mr Shone has sought an injunction to prevent the school board stopping his pay while he awaits trial.
In an Employment Relations Authority decision released today, the school board has been told suspending Mr Shone without pay would deny him the right to be presumed innocent until proved guilty.
On June 7, the board wrote to Mr Shone saying that while he had been suspended on full pay, it wanted to hear his version of events within seven days.
In that letter, the board warned its investigation could result in the termination of his employment.
For the authority, Robin Arthur found that suspension of pay would carry "the inevitable taint of a presumption of guilt, rather than innocence".
"Whether or not this presumption is true in any particular case is not the issue," he said.
"It is not open to a school board, or this authority, to put aside the rule of law and usurp or pre-empt a decision that properly rests with the criminal courts.
"A teacher innocent of the charges should not have to bear the financial burden of losing his or her income while awaiting trail."
The decision said the board had tried to exert financial pressure on Mr Shone to take part in its disciplinary process.
The board was wrong to argue the move was intended to ease financial concerns about how to fund a replacement, as the Education Ministry had indicated it would fund additional staffing "as a matter of course from day one".
The board had been aware of that "for some weeks", the authority said.
As the board had not made any formal decision to change the basis of suspension, the authority did not grant Mr Shone the injunction he sought.
Leave was reserved for him to apply for such orders "at short notice, should that position change".
- NZPA
