Collective Agreement: Auckland principal's unjustified suspension

Published 6 September 2024 | 2 min read

In any workplace, leadership challenges can create tension, erode trust, and strain relationships, even among those who have dedicated years of service. This was evident in a recent case involving a principal at an Auckland college who was suspended after 14 years in her role. Concerns were raised by staff members about her leadership style, particularly around transparency and communication, which ultimately led to her suspension.

Such situations often arise when policies and procedures are not managed correctly, exacerbating personal grievances and contributing to an environment where misunderstandings can quickly escalate. This case serves as a valuable reminder to managers and business owners of the importance of correctly handling workplace issues from the start.

Critical misstep in process

In this situation, the college conducted a survey to gather feedback from staff members, which highlighted concerns regarding the principal’s leadership. While the decision to address these concerns seemed warranted, the Employment Relations Authority (ERA) later found that the college had failed to comply with the legal requirements set out in their collective agreement.

The mistake wasn't necessarily in acknowledging the concerns or in the intention to act on them, but rather in how the process was carried out. The college relied on a clause in the collective agreement to justify the suspension but did not fulfill the necessary legal requirements, rendering the suspension unjustified.

ERA's Decision

The case reached a turning point when the ERA reviewed the circumstances. Here are the key points from their decision:

• The college commissioner failed to adhere to the Secondary Principals' Collective Agreement, undermining the legal basis for the suspension.
• The principal had recently completed a guidance program and made efforts to address the issues raised by the staff survey.
• During the principal’s sabbatical, further concerns were raised, leading to an immediate suspension without adequate investigation.
• The ERA determined that the principal had a "strong case for her personal grievance of unjustified disadvantage by way of suspension."
• The suspension was lifted immediately, and both parties were instructed to mediate regarding the principal’s potential reinstatement.

Path to resolution

This scenario highlights several strategies that any organisation can use to navigate workplace conflicts more effectively:

• Avoid knee-jerk reactions: When issues arise, take a moment to pause and evaluate the situation calmly, avoiding hasty decisions driven by emotion.
• Consult the experts: Before taking disciplinary action or making significant decisions, seek advice from an HR consultant. Local services like EQ's HR Consulting provide personalised, one-on-one guidance to help you understand potential outcomes and scenarios.
• Stick to the rules: Ensure that every decision aligns with company policy, collective agreements, and employment law. This means thoroughly reviewing relevant agreements and adhering to the correct procedures.

Preventing future issues

To prevent similar situations from occurring, it’s crucial to have clear policies and procedures and to ensure all decision-makers are familiar with their obligations under any collective agreements. Regular training on these agreements, fostering open communication, and cultivating a culture of fairness can help prevent misunderstandings and conflicts.

When faced with a workplace issue, take a step back, lay out the facts, and seek professional advice. A well-structured and transparent process not only meets New Zealand legal requirements but also enhances trust and morale within your organisation, contributing to a more positive and productive work environment.

By committing to these practices, we can navigate complex situations more effectively, minimise risks, and maintain a fair and supportive workplace.

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