AN award winning union representative from Barnt Green, who lost her teaching job after making whistle blowing allegations, has won a compensation claim for unfair dismissal.

Kike Gbinigie, of Fiery Hill Road, also won a Birmingham Employment Tribunal claim for a breach of the Employment Relations Act, but lost other compensation claims for victimisation, whistle blowing and for detriment on the grounds of trade union activity.

She had also complained she was bullied and intimidated.

The tribunal decided, however, that Mrs Gbinigie contributed to her dismissal and accepted the respondent’s accusations that allegations made against the headteacher were not true.

Mrs Gbinigie had been employed at the council-run Dorrington Primary School in Birmingham as a teacher and a National Association of School Masters Union of Women Teachers (NASUWT) representative.

The tribunal was told Mrs Gbinigie was well respected with 14 years teaching experience and recently won a NASUWT Representative of the Year Award. She complained she was unfairly dismissed for alleged gross misconduct.

Her compensation claims against the school governors and against Birmingham City Council were opposed, and the allegations denied.

A previous hearing had been adjourned after tribunal judge Mr David Kearsley said he would make a decision at a later date. Now he has declared Mrs Gbinigie has been successful with two of her five compensation claims.

Mr Kearsley said he had rejected Mrs Gbinigie’s racial discrimination claim over being asked to work in a hut in the grounds of the school. Other teachers had also been asked to work there, he said.

Mr Kearsley said Mrs Gbinigie made a whistle blowing allegation about asbestos in the school, but they were in restricted access areas. He said the detriment claim had also been rejected because the tribunal had not accepted the whistle blowing was a disclosure.

Mr Kearsley said the tribunal accepted there had been breaches by the respondents in depriving her of her chosen trade union representative in a case where she was facing dismissal after 14 years as a teacher. “This was an action no reasonable employer should have taken,” the judge said.

“We conclude, however, that the claimant has contributed, by her conduct, to her dismissal.”

He said the tribunal would decide later how much compensation she should receive but warned that in view of the unfounded allegations made against the headteacher, the amount might be no more than the equivalent of six weeks wages.