Can and should a teacher who is accused of abuse and who negotiates a confidential exit settlement go on to work at another early childhood service?

In March 2011 the  Employment Relations Authority upheld a teacher's complaint that the preschool at which she was accused of abusing children had agreed to provide a positive reference as part of her exit settlement and therefore the head teacher must provide a reference referring to the teacher as "competent" and provide "excellent document".  The Authority ruled in the accused teacher's favour and banned publication of the accused teacher's name and the name of the preschool.  The Head teacher when talking later to a newspaper reporter said she was worried about something happening to another child at another preschool and if it did she would blame herself. (Steward, 2011, Sunday Star-Times 3 April, p. A7).

Can you report the teacher to the Teachers' Council without fear of legal consequences for yourself or your service? 

The answers might surprise you. 

In this article we look at your legal obligations in respect of:

(a) Being a good employer and dealing appropriately with allegations of misconduct or child abuse;

(b) Compliance with the early childhood regulations; and

(c) Mandatory reporting to the NZ Teachers' Council.

We also give you examples of a couple of cases that have come before the Employment Relations Authority so you can get a sense of some of the legal ins and outs that you need to know about. 

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