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Answered in 31 minutes by:
6/12/2011
Chris The Lawyer, Lawyer
Category: New Zealand Law
Satisfied Customers: 32,034
Experience: 42 years qualified as a lawyer; LLB, MMgt and FAMINZ.
Verifiedchristhelawyer :
Hi Welcome to JustAnswer. My first response will follow shortly. Please feel free to follow up if anything is not clear
christhelawyer :
I am not sure what the position involves-are you his deputy whenever he is not available? Does this come with any extra pay? Is this a primary or secondary school?
Customer:
It is a secondary school, the job did not come with additional pay, a Principal's nominee is in charge of running anything to do with the qualifiactions system in a school, and I was the person nominated by the Principal to deal with all this
christhelawyer :
If this was unpaid, and you have not lost any money by the failure to give you the job description, then while you can claim a personal grievance (because of the failure to address the issue) the damages are minimal. I would suspect this may be not the only issue however, as if the principal has poor communication skills then other issues may be present. This appears to be an issue of incompetence on his part which may be something to take up with NZQA
Customer:
Yeah what is the situation with this, I am not worried about any money loss for myself, it's just I do not think it is right that he gets away with completely ignoring me, if I wanted to take agreviance what do I do
christhelawyer :
There are 2 options. I think your views on what has happened have been made clear. So the next step is to write formally with a personal grievance claim over the way this has been dealt with. The first option then is to set up some workplace mediation, but if this does not succeed then you can approach the Employment Relations Service. I expect the BOT would have some input at this stage.
christhelawyer :
If you are a member of the PPTA they could help with this
Customer:
Yeah the PPTA did not seem too interested,they do not like confrontation, nor does the Principal. Who would I write to, to voice my greviance and to set up mediation. I really want to teach this guy a lesson. What would an appropriate claim be ?
christhelawyer :
You need to draft a latter to the Principal and the BOT setting out the history (although you have already, this needs to be stated for this purpose), and explaining that the failure to deal with this has become embarrassing and difficult to explain to the parents and other staff, and therefore makes you look bad in the eyes of the parents and other staff. You state this is distressing for a professional and the rudeness of the failure to respond is a breach of the duty of good faith in an emplyment relationship. You then state the you wish to claim a personal grievance under the Employment Relations Act.
Customer:
how much would be an appropriate amount to claim
christhelawyer :
I think a relatively small amount, as this is more a matter of principle than a money claim-say $2000
Customer:
and would that then go to mediation, if I sent such a letter, what does mediation involve
christhelawyer :
Employment cases always check whether mediation can take place. This means a meeting with a mediator who will try to facilitate an agreement, as between the parties
Customer:
who mediates
christhelawyer :
You cab either get a private mediator or use one of the ERA mediators
Chris The Lawyer, Lawyer
Category: New Zealand Law
Satisfied Customers: 32,034
Experience: 42 years qualified as a lawyer; LLB, MMgt and FAMINZ.
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