The Employment Relations Authority (ERA) has 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 she should be given one and it should describe her as "competent". 

The Authority ruled in the accused teacher's favour and banned publication of the accused teachers name and the name of the preschool.  The Head teacher when talking later to a newspaper reporter said she was worried about providing a positive reference and would blame herself if something happened to another child at another preschool (cited in the Sunday Star-Times 3 April, p. A7).

Previous cases that have been heard by the ERA demonstrate that should the preschool report the teacher to the NZ Teachers' Council,  this may under certain circumstances be supported by the ERA.

Any grievance claim by the teacher of a breach of confidentiality because of being reported to the NZTC may not necessarily be upheld by the ERA.  Reporting of teachers under such circumstances if the teacher holds a recognised qualification or works in a free kindergarten is mandatory and services may face a large fine if convicted of failing to report to the NZTC. Under the Education Regulation the NZTC will investigate and could act to prevent the teacher from teaching again.

Click here to read more about what an employer can do if a teacher is alleged to have engaged in child abuse; the steps that can be taken, legal obligations under employment law and under the early childhood regulations; and about mandatory reporting to the NZ Teachers' Council.

We also give you examples of a couple of previous relevant cases that have come before the Employment Relations Authority so you can understand better what rights and obligations an employer and the teacher/employee might have.   Log in first with your member username and unique password to access this further information.