A former Bay of Plenty Polytechnic tutor who swore at and intimidated students was unjustifiably dismissed by the polytechnic, the Employment Relations Authority has ruled.

But because former tutor Kelly Pakaru did conduct such behaviour during a fishing trip on June 28, ERA member Rosemary Monaghan has reduced his compensation by 60 per cent.

Following its investigation, the ERA ruled BOP Polytechnic's action in dismissing Pakaru was unjustified, but his conduct contributed in a blameworthy way to the circumstances of his dismissal, so the remedies awarded to him are reduced by 60 per cent.

As a result, BOP Polytechnic must pay Pakaru eleven weeks' pay less earnings of $2949.51, reduced by 60 per cent, and $5000 as compensation for injury to his feelings and loss of mana, reduced by 60 per cent.

Mr Pakaru's 10 month employment was terminated 11 weeks before the previously agreed date of November 30, 2012 identified in the parties' employment agreement.

He had no earnings in October 2012 but earned $2949.51 (gross) in November 2012. His remuneration from the polytechnic was $53,000 for the period of the employment agreement.

Compensation for loss of earnings in the following academic year was denied.

The ERA states the reduction is because the former tutor is guilty of misconduct in his threatening language and behaviour towards a student, and in his admitted swearing at another.

Pakaru's dismissal followed a mid-winter fishing trip on June 28, 2012 where students complained of his language and intimidating behaviour. They made their complaints the following day and were interviewed by staff.

On July 2, Pakaru was told he was suspended on pay while an investigation was conducted.

Rosemary says the investigation was flawed and his suspension unfair.

'I also have a concern that the interview process did not concentrate on obtaining a full and accurate account of the incidents being pursued. Rather, the interviewers tended to discuss aspects of Mr Pakaru's explanations outside of their proper context or to return to generalised complaints about his behaviour,” says Rosemary.

'This was at the expense of obtaining accounts of particular incidents on which reliable findings could be made.”

The polytechnic had reasonable grounds for its findings about Pakaru's swearing at and intimidating a student in the galley, and using intimidating language towards another student. But other findings that he also used inappropriate texting language to a female student and touched a female student on the knee were inappropriately bundled.

'When multiple acts of misconduct are relied on to justify a dismissal, it is usually the case that an absence of reasonable grounds for concluding any one or more of the acts occurred will render a dismissal unjustified,” the ERA's decision statement says.

'This is so even if there were reasonable grounds for the conclusions in respect of the remaining acts.”

The ERA states dismissal was not the action a fair and reasonable employer could have taken in the circumstances at the time.

Pakaru was employed as a youth guarantee coordinator on the Youth Guarantee Programme offered by the polytechnic. The programme was established to assist students aged between 16 and 17 years, and not currently in education, employment or training.

Many of the students in the programme came from troubled backgrounds, had left school or been expelled, and found mainstream schooling did not meet their needs.

The programme aimed to improve their prospects for further education by nurturing and encouraging positive relationships and social cohesion between them.

In the interests of achieving this and in particular of avoiding the appearance of being part of the mainstream system which had proved unsatisfactory for the students the programme's activities were marae-based or carried out away from the polytechnic's premises.

Pakaru's job was to promote the efficient coordination, liaison, administration and promotion of the Youth Guarantee Programme.

He was expected to spend most of his time with the students in a mentoring role, helping and supporting them to maintain their cohesion as a group and to graduate from the courses offered by specialist tutors.

It was important for him to keep the students engaged, and to model the behaviour that would be expected of them.