Tribunal acknowledges her current employer's statement in handing the penalties
A teacher has been censured by the New Zealand Teachers Disciplinary Tribunal for "gross breach of trust" after she stole nearly $20,000 from her previous employer.
The teacher, who was a Consultant in Pasifika Education, carried out the theft between 2012 and 2018 by issuing fraudulent invoices with her billing information to trainee organisations.
She received a total of $19,200 after 23 instances of the misconduct and was only discovered by her employer in February 2018 after an education provider noticed the disparity.
The employee was fired in March 2018, but repaid her employer between May 2019 and December 2019. She also plead guilty to the offence of "obtaining by deception" under the Crimes Act 1961 and was discharged without conviction.
Mandatory report
The matter, however, reached the Teaching Council of Aotearoa New Zealand after the employer lodged a mandatory report in March 2018.
The council's Complaints Assessment Committee (CAC) later reached out in February 2021 to the former consultant regarding the matter, who requested to dismiss her former employer's request to deregister her so she can retain her teacher's registration.
According to the former consultant, she is already employed at a polytechnic that does not know of her history.
"If the Complaints Assessment Committee were to take this matter further, I would surely lose my job and being able to support my family financially both in Samoa and Aotearoa," she said in response to the CAC. "I no longer want to be persecuted if it will continue to severely disadvantage."
Despite her request, however, the CAC referred the matter to the disciplinary tribunal citing that her actions "may possible constitute serious misconduct."
Offence cannot be overlooked
The tribunal recognised the CAC's submission that the starting point for such serious acts must be cancellation.
"It cannot be overlooked the duration of this offending, the gross breach of trust, and the total amount taken by the respondent," the tribunal said in its ruling.
However, it also acknowledged that the former consultant has something of considerable value to contribute to the profession. It also recognised in mitigating the penalty that the former consultant has "demonstrated insight into her behaviour and the steps taken to repay the full amount taken."
During an investigatory meeting held with her former employer in 2018, the former consultant acknowledged her dishonesty and stated she was motivated by a "sense of desperation to provide for the wellbeing" of her family.
"My poor decision making and perceived lack of options lead me to breach my contract. The actions I did constitutes as serious misconduct and I do not dispute them," she told her former employer during the meeting.
Not a future risk
The tribunal also recognised the former consultant's current employer at the polytechnic, who vouched for her during the case.
The employer, who has been managing the respondent for two years, also previously held several Cabinet positions in New Zealand and submitted that his professional judgment should carry weight on the issue.
Aware of her previous actions, the manager submitted that he believes his employee is "not a future risk to the public or the teaching profession." He also pointed out that the employee handles a budget of approximately $448,000 and has a credit card limit of $2,000.
"In the time that she has been employed by [the organisation], she has proved herself to be trustworthy in undertaking her financial management duties," the tribunal heard.
Acknowledging the former consultant's rehabilitation, her current employer's trust, as well as her personal background, the tribunal moved to censure her instead of pursuing cancellation.
Aside from her current employment for the polytechnic, the tribunal also barred her from taking any teaching role involving the management of finances. She must also provide a copy of her the tribunal's decision to any teaching employer she is working with, as well as any prospective teaching employer.
