DISCIPLINARY PROCEEDINGS IN THE STATE EDUCATION SYSTEM IN NEW ZEALAND

The paper briefly outlines the legal procedures involved in a hearing by the Teachers Court of Appeal of an appeal by a teacher against dismissal. It discusses the duty of an employing authority to dismiss a teacher who is unsatisfactory and the general circumstances in which such a duty may arise. The obligations of the employing authority to the teacher which run with the duty are also examined, particularly the duty to act fairly. Arising from this, consideration is given to the procedure by which dismissal should be carried out. The principal conclusion offered by the paper is that since this duty to act fairly is not only a moral one, but also apparently a legal obligation, it should not only be a basis for any decision to terminate the employment of a teacher but should be capable of being shown to hate been so. In such circumstances, not only will “justice have been done, it will also be seen to have been done.”