Sacked teacher seeks $243k

Emma Fox claims she was unfairly dismissed by Hereworth School. Photo / File

A private school teacher sacked from a Hawkes Bay school is seeking almost $250,000 for lost income.

Emma Fox was employed as a junior school teacher at Hereworth School, Havelock North, from 2008 and claimed she was unfairly dismissed in 2010 after a chain of events triggered by a disagreement over the grades she gave her students.

The school claimed Mrs Fox refused the school's attempts to address the issue through the appropriate channels. The school's view was upheld by the Employment Relations Authority in a 37-page decision, released on February 8, 2013.

However, Mrs Fox appealed the decision and, in closing submissions heard at the Employment Court in Hastings yesterday, her lawyer, Peter Churchman, QC, said his client would be seeking payment of four years and six weeks of lost remuneration at the rate of $59,204 per annum, a total of $243,647.

During the employment dispute, Chief Judge Graeme Colgan heard how, in 2009, Mrs Fox said she was asked by the head of the junior school, Shirley Cameron, to alter the grades on their 2008 reports to cover up any perceived decline in academic progress since the children left her classroom. Hereworth dismissed the accusation and Ms Cameron said she was trying to ensure all teaching staff were following a standardised marking practice.

Mr Churchman said his client's enthusiasm, professionalism and initiative were recognised by her employer and colleagues.

"However, things changed dramatically following a conversation between [Mrs Fox] and [Ms Cameron].

"That conversation, and a subsequent email to other staff members about a professional concern regarding consistency of marking, led to a disastrous chain of events."

Mr Churchman said that over several months both parties sought to deal with their respective concerns. However, Mrs Fox became "increasingly concerned" about a lack of integrity on the part of the school after Hereworth School's deputy chairman of the board, Doug Abraham, was asked to be an "independent consultant" and investigate claims made by Mrs Fox.

The school's counsel, Stuart Webster, said Mrs Fox, who was due to go on maternity leave at the time, refused the school's attempts to address the issue through the appropriate channels and the school was within its rights to use the resources available to investigate Mrs Fox's claims. He said although the school respected Mrs Fox, she could "dish it out but couldn't take it".

"There is no doubt [the school] held Mrs Fox in high esteem. As a capable teacher ... that position has not changed despite the complainant's dismissal.

"Mrs Fox was enormously proud of her professional achievements and prided herself on her work ethic and professionalism. The by-product of that appreciation of her own self worth was at times she could be precious."

Mr Webster said he was surprised to see Mrs Fox was looking for compensation for the more than four years of not working, considering she had not presented any real evidence of seeking work.

He said if a decision were in favour of Mrs Fox, her compensation should take into account that she was on unpaid parental leave at the time of her dismissal.

Chief Judge Colgan, in reserving his decision, said maternity leave would have to be taken into account as did lost remuneration if the decision went her way.