Childcare centre dismissal unjustified

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A childcare centre manager was wrongfully sacked following unsubstantiated allegations of mistreating children, the Employment Relations Authority (ERA) has found.

Margaret Murray managed the Matata Early Learning Centre, in the Bay of Plenty, for two and a half years before she was dismissed in April 2012, the ERA said in a decision released today.

Her employer, Central North Island Early Education Services Trust (CNI), said she had mistreated children, including throwing water in the face of one, vigorously scrubbing another’s injured toe, and yelling at others.

But ERA member Rachel Larmer ruled the dismissal was unjustified and the investigation into the allegations was flawed.

She said the investigation seemed to be more focused on confirming the allegations than exploring or testing the information that was given.

A later Teachers’ Council investigation concluded the required evidential standard of proof had not been reached in respect of each allegation.

Although the allegations were never clearly proven, they had led to Murray being publicly abused and suffering considerable hurt and humiliation, the decision said.

The allegations were made by assistant manager, Lucy Rust, who had fallen out with Murray, and the ERA said this should have been looked at.

“CNI should have explored in more detail given Ms Murray’s stated view that the complaints against her were motivated by Ms Rust’s ill will towards her,” the decision said.

After Murray was dismissed she found a new job in childcare but it paid $30,000 less than the $72,000 she was paid in Matata and was an hour and a half drive away.

She worked there for six months before moving to Australia.

The ERA ordered CNI to pay Murray the difference between what she would have earned from CNI had she remained employed for one year after her dismissal and what she earned in her new employment.

It also ordered Murray to be paid $8000 to compensate her for the humiliation, loss of dignity and injury to feelings she suffered as a result of her dismissal. 

– Stuff

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Childcare centre dismissal unjustified
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カテゴリー: Childcare   パーマリンク


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