Tutor fired for sending inmate postcard loses appeal bid

File photo / NZ Herald

A prison tutor who lost her job after sending a prisoner a postcard has failed in a bid to take her case to the Court of Appeal.

The tutor, Lynda Jean Hill, had applied to challenge a decision of the Employment Court, which found her dismissal was justified.

Ms Hill was employed by Workforce Development as a prison tutor in various prisons from December 2010.

In August 2011 Corrections officers intercepted a postcard she sent while overseas to a serving prisoner. It later emerged she had other contact from outside prison with the prisoner, and Corrections withdrew her access.

Ms Hill's employment contract with Workforce stated that if she lost access to the prison, and other suitable work was not available, she could be dismissed.

In November, following a meeting with all parties, Corrections confirmed that Ms Hill's prison access would cease, and she was fired by Workforce.

The Employment Relations authority upheld a claim from Ms Hill that Workforce did not support her during the process, such as provide her with professional advice.

She was awarded more than $11,000 in lost wages, and $8000 in compensation.

But that decision was overturned by the Employment Court, which found that while Workforce could have done more, it did not breach its obligations as an employer, and that the decision to dismiss Ms Hill was justifiable.

Ms Hill applied for leave to appeal that decision on two points of law.

The Court of Appeal found the matters raised did not raise a question of law, or were not of the importance required to justify an appeal.

The application for leave to appeal was dismissed.