Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Zechner v Department of School Education [1999] FCA 445
INDUSTRIAL LAW – termination of employment - appeal against decision of primary judge which reversed the findings of a Judicial Registrar - appellant's employment terminated for alleged inefficiency in the discharge of her duties as a high school teacher - correctness of primary judge's finding that termination was for a valid reason - whether guidelines and procedures applicable to the assessment of alleged inefficiency were properly implemented - whether alleged failure to follow appropriate procedures resulted in the termination of employment not being for a "valid reason" - whether failure of primary judge to refer to evidence favourable to the appellant constitutes appealable error.
Industrial Relations Act 1988 (Cth) s 170DC, s 170DE(1), s 170EA Federal Court of Australia Act 1976 (Cth) s 18AC Teaching Services Act 1980 (NSW) s 83(e) D'Antuono v Minister for Health (1997) 80 FCR 226 MARLIES ZECHNER v DEPARTMENT OF SCHOOL EDUCATION NG 1085 OF 1997 BLACK CJ, MOORE & LINDGREN JJ 15 APRIL 1999 SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NG 1085 OF 1997
BETWEEN: MARLIES ZECHNER
Appellant
AND: DEPARTMENT OF SCHOOL EDUCATION
Respondent
JUDGE: BLACK CJ, MOORE & LINDGREN JJ
DATE OF ORDER: 15 APRIL 1999
WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
1. The appeal be dismissed with no order as to costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NG 1085 OF 1997
BETWEEN: MARLIES ZECHNER
Appellant
AND: DEPARTMENT OF SCHOOL EDUCATION
Respondent
JUDGE: BLACK CJ, MOORE & LINDGREN JJ
DATE: 15 APRIL 1999
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