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The Evening Post
August 22 1996
Council appeals creche decision
Christchurch City Council did not
make the decision to close the civic creche after allegations of child abuse,
the Court of Appeal heard yesterday.
The council was appealing a series of decisions by the Employment Court that
Gaye Davidson and others were unjustifiably dismissed from the creche.
Ms Davidson and 13 others lost their jobs when the creche was closed in
September 1992. Ms Davidson and three other childcare workers faced charges
of sexual abuse but the charges were dismissed. Peter Ellis was found guilty
of sexually abusing children at the creche from 1986 and 1992.
Counsel for Christchurch City Council, Julian Miles, said 13 personal
grievance claims had been raised, involving 11 childcare workers and two
cleaners.
He said at a meeting on September 2 City Manager John Gray was told the
children were in serious danger, so much so that police and the Ministry of
Education wanted the creche closed that very day.
Mr Miles said the decision to close the creche had already been made, it was
not made by Mr Gray or the council. It had already been effectively made by
the Ministry of Education.
He said Mr Gray told the Employment Court that during the meeting it was
apparent the Ministry wanted the creche shut. The creche was operated by
licence from the Ministry.
Mr Miles said Mr Gray felt the council had to make no decision because the
Ministry had already done so. The police wanted the licence suspended.
Later during the meeting it was clear the Ministry was going to cancel the
licence and Mr Gray felt it was unlikely the creche would ever reopen. Two
other local body officers, including the city solicitor, agreed with his
assessment.
Mr Gray drafted a memo to staff members which told of their redundancy. It
was followed by another within 12 hours, which told they had been suspended
instead for two weeks. That was later extended to October 22.
The staff were suspended on full pay. They were then given four weeks pay in
lieu of notice, and a redundancy package that was six weeks pay then two
weeks pay for every year on the job.
Mr Miles said Mr Gray's view that the creche would never reopen came about
because of the problems with the publicity over Ellis' arrest and subsequent
publicity. The four women were arrested and charged a month later.
The council is contesting the costs awarded to the workers for compensation
and loss of earnings.
(Proceeding)
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