Commissioner 'failed to comply with requirements under collective agreement,' ERA says
The principal of Zayed College for Girls in Auckland has been reinstated after the Employment Relations Authority (ERA) found that she was unjustifiably disadvantaged by her suspension.
Regina Rasheed, who has served as the principal for 14 years, was suspended in July following concerns about her leadership, communication, and transparency.
Prior to her suspension, Rasheed had just undergone a personal assistance and guidance programme under the competency provisions of the collective agreement.
The programme came after Linley Myers, the Commissioner of the College, carried out an anonymous survey in the organisation that recorded critical comments about Rasheed's leadership and the health and safety of the work environment.
The competency process extended until the first time of 2024, with Myers saying she was happy to conclude the programme in April as Rasheed made changes to her practice and took steps to address the issues identified in the advice and guidance programme.
Suspension of Rasheed
While on sabbatical leave, however, Rasheed was suspended from work after acting principal Deirdre Shea told Myers that Rasheed's "reported behaviour breaches the Health and Safety Act; and all four of the Professional Standards for Secondary Principals."
Despite Rasheed's lawyer opposing the suspension, the order went through with Myers citing a clause in their collective agreement.
In the letter, Myers included Rasheed's feedback on the proposal, as well as confirming the decision to engage an independent investigator to ascertain the nature of what was alleged.
While the investigation took place, Rasheed was placed on suspension and ordered not to discuss the probe with anyone aside from her representative and support person.
Unjustified disadvantage
Rasheed then raised the matter with the ERA, which concluded that her claim "meets the low threshold of an arguable case for her personal grievance of unjustified disadvantage by way of suspension."
ERA member Marija Urlich found that the commissioner had failed to comply with the requirements of the Secondary Principals' Collective Agreement.
"It is seriously arguable the commissioner has failed to comply with the requirements under the collective agreement, on which it sought to rely to justify its decision to suspend, and in so doing is unable to access lawful suspension," Urlich said in the ruling.
The ERA's interim reinstatement order has required Rasheed's suspension to be lifted immediately.
It also stipulates that both parties must engage in mediation to determine Rasheed's return to her role or an equivalent position.
"Ms Rasheed has an arguable case for permanent reinstatement," the ERA said.
