Teacher denied compensation over wrongful sacking

A south Auckland high school teacher wrongly sacked after making derogatory comments and throwing tennis balls at his students has been denied compensation.

The Employment Relations Authority (ERA) ruled Pukekohe High School teacher and sports coordinator Paul Meads was unjustifiably dismissed, after several complaints about his conduct.

Mr Meads was given a verbal warning and final written warning in 2007 and 2008 respectively after throwing tennis balls at students.

In April last year the high school received another complaint, saying Mr Meads asked one student to "drop" another student, implying that he should give him a hiding, before telling the whole class that "someone needs to teach (him) a lesson," the ERA report said.

In another incident involving the same student, Mr Meads said "what happens if an FOB (fresh off the boat) walks in and says they are dying of diabetes and you can't understand them?"

The student said he felt the comment was directed at him as he was Samoan and suffered from type one diabetes.

A female student also complained, saying Mr Meads had made an offensive comment to her during class.

Mr Meads denied making any of the comments.

An investigation by the school board of trustees upheld the first student's complaint but dismissed the second.

Mr Meads was fired and re-hired as a teacher, but not as sports coordinator.

He told the ERA that the school board did not conduct a full and fair enquiry and that the alleged "drop" comment was made before the final written warning.

The school board said no hasty decisions were made and Mr Meads was given "fair and reasonable opportunity" to explain himself.

"It is submitted that the decision to demote Mr Meads was not only reasonable, but in the circumstances of the final written warning, was a generous gesture."

ERA member James Wilson found the board had unjustifiably dismissed Mr Meads "by a very slender margin" and he should be reinstated as sports coordinator.

"At the time it made its final decision to dismiss Mr Meads the subcommittee members had in their minds not just the single act of misconduct which had been upheld.

"It was appropriate that the board take into account the final written warning but it appears to have been influenced by a good deal more," he said.

Mr Meads was denied compensation for hurt and humiliation.

"Mr Meads' failure to either comprehend the seriousness of his actions or to modify his behaviour, despite very clear indications from his employer, was a major contributing factor towards the situation," Mr Wilson said.

"Given that level of contribution...I decline to make any award of compensation."

- NZPA