Whistle-blowing teacher to fight on

Ross Kimpton. Photo / Supplied

A teacher who claims he was fired after raising concerns about a string of incidents at his school - including the death of a student - has won a claim for unjustified dismissal.

Raymond Lewis was sacked from Howick College in April 2008 after a 20-year stint at the East Auckland school that included spells as head of department.

He believed he was targeted after complaining to Prime Minister John Key, among others, about a raft of issues.

They are understood to include concerns over NCEA criteria and the school's responsibilities over the death of 17-year-old Ross Kimpton during a rugby tour.

Kimpton drank alcohol and later fell from a London hotel window while sleepwalking.

Employment Court Chief Judge Graeme Colgan ruled Lewis was unjustifiably dismissed and awarded him $10,000 and three months' backpay, overturning a 2008 Employment Relations Authority ruling.

But Lewis' bid for reinstatement was rejected after strong opposition by the college board of trustees.

The judge said there was a risk of further disruption that could affect teachers, the school and "potentially pupils".

He said Lewis had played a part in losing his job by failing to take fair and reasonable steps, but it should have been dealt with more appropriately by the school, which had made a raft of errors and had been "unreasonable and unfair".

The economics teacher is understood to be taking his fight for reinstatement to the Court of Appeal.

Lewis claimed he was bullied by some staff, but colleagues later claimed he bullied them and behaved inappropriately and, at times, bizarrely.

After his dismissal it emerged he suffered from stress and mental health issues and the judge said the school should have realised his behaviour was a sign he was unwell.

The Herald on Sunday has discovered the Education Ministry employed two lawyers to investigate his claims in secret. The ministry refused to release their report.

The Education Review Office has focused on fall-out from the saga and conflict at the school. The college is expecting an inspection after an inquiry last year recommended the Secretary for Education intervene.

It is understood an adviser has been put on the school board to guide and monitor other members.

Lewis and his lawyer Brian Henry refused to comment because the case was still going through the legal process.

Board chairman Wayne Johnson acknowledged "there were certainly things we could have done better" and "a lot of learning had been done".

He said the school had updated its policies and procedures. There had been significant changes, including his appointment as chairman and the arrival of a new principal.

The school had improved "out of sight" and processes on school trips had been tightened.

The board's lawyer Richard Harrison said the school was "comfortable" with the court's financial award to Lewis and had no ill will towards him.


rachel.grunwell@hos.co.nz