KEY POINTS:
The sacked University of Auckland lecturer, Dr Paul Buchanan will have his bid to be reinstated heard by the Employment Court in November.
The date was set down today and follows an appeal by Dr Buchanan to be reinstated after the Employment Relations Authority awarded him $66,000 in damages and lost income.
The University is also appealing.
University spokesman Bill Williams said in a statement that the university decided to appeal after the Association of University Staff lodged their appeal on behalf of Dr Buchanan.
Dr Buchanan's lawyer Ray Parmenter said both appeals will be heard together in the Employment Court in five months time.
He said Dr Buchanan had not received the $66,000 payout but given the appeal, that was not unusual.
Dr Buchanan was sacked after sending an abusive email to a student in June, 2007, after denying her an extension to an assignment.
He took his case to the authority, claiming he had been unfairly dismissed and was awarded $51,000 in lost wages and $15,000 for hurt and humiliation.
However, the authority did not reinstate Dr Buchanan his position in the university's political studies department, saying it would be impractical and that he lacked awareness of the impact his conduct had on others.
The Employment Relations Authority said there was no doubt there was misconduct on Dr Buchanan's part but that it was unreasonable for the university to have escalated the matter to one of serious misconduct.
Authority member Vicki Campbell said a fair and reasonable employer would not have dismissed Dr Buchanan.
- NZHERALD STAFF
