Brown v Secretary, Department of Education [2022] NSWIRComm 1095

Industrial Relations Commission New South Wales Medium Neutral Citation: Brown v Secretary, Department of Education [2022] NSWIRComm 1095 Hearing dates: 12, 13 October 2021; 5, 23, 24 November 2021; last submissions filed 4 February 2022 Date of orders: 28 October 2022 Decision date: 28 October 2022 Jurisdiction: Industrial Relations Commission Before: Commissioner Webster Decision: Application dismissed Catchwords: EMPLOYMENT AND INDUSTRIAL LAW – Termination – Unfair dismissal – teacher did not attend meetings as directed – consideration of whether direction to attend meetings was lawful –teacher can be placed on a teacher improvement plan any time after a review finds underperformance – teacher breached direction to work collaboratively with supervisors and other colleagues and treat colleagues with respect - whether conduct was misconduct warranting termination of employment – dismissal not harsh, unreasonable, or unjust Legislation Cited: Industrial Relations Act 1996 (NSW) ss 84, 88 Interpretation Act 1987 (NSW) s 49 Teaching Service Regulation 2017 Reg 5 Teaching Service Act 1987 (NSW) ss 5A, 6, 93A, 93D, 93G, 93H, 93J Cases Cited: Bostik (Aust) Pty Ltd v Gorgevski (No 1) (1992) 36 FCR 20 Briginshaw v Briginshaw (1938) 60 CLR 336 Buchanan v Secretary, NSW Department of Education [2016] NSWIRComm 1045 Byrne v Australian Airlines Ltd [1995] HCA 24; 185 CLR 410 Certain Lloyd's Underwriters v Cross (2012) 248 CLR 378 Corrective Services NSW v Danwer [2013] NSWIRComm 61 Davis v Secretary, NSW Department of Education [2017] NSWIRComm 1003 Department of Health v Kaplan [2010] NSWIRComm 65 Hamlin v City of Sydney Council [2021] NSWIRComm 1010 Hill v Woollahra Municipal Council [2003] NSWCA 106; (2003) 127 LGERA 7 in Williams v Secretary, Department of Education [2022] NSWIRComm 1007 Jones v Wrotham Park Settled Estates [1980] AC 74 Krix v Director-General, Department of Education and Communities [2014] NSWIRComm 1000 McManus v Scott-Charlton (1996) 70 FCR 16 Metropolitan Meat Industry Board v Australasian Meat Industry Employees' Union, NSW Branch [1973] AR (NSW) 231 New South Wales Nurses' Association v Sydney Local Health District [2013] NSWIRComm 28 NSW Health Services Northern Sydney Local Health District v Hargreaves [2012] NSWIRComm 123 NSW Trains v Australian Rail, Tram and Bus Industry Union [2021] FCA 883 Outboard World Pty Limited (t/a Budget Waste Control (Sydney)) v Muir (1993) 51 IR 167 Pastrycooks Employees, Biscuit Makers Employees & Flour and Sugar Goods Workers Union (NSW) v Gartrell White (No. 3) (1990) 35 IR 70 R v Darling Island Stevedoring & Lighterage Co Ltd; Ex parte Halliday (1938) 60 CLR 601 Taylor v Owners-Strata Plan No 11564 (2014) 253 CLR 531 Thompson v Goold & Co [1910] AC 409 Tredinnick v Commissioner of Police [2016] NSWIRComm 14 Wang v Crestell Industries Pty Ltd (1997) 73 IR 454 Wattie v Industrial Relations Secretary on behalf of the Secretary of the Department of Justice (No 2) [2018] NSWCA 124 Western Suburbs District Ambulance Committee v Tipping [1957] AR (NSW) 273 Texts Cited: Online Oxford Dictionary Category: Principal judgment Parties: Rosemary Ann Brown (applicant) Secretary, Department of Education (respondent) Representation: Counsel: J McDonald (for the respondent) Solicitors: Moin Morris Schaefer Lawyers (for the applicant) Minter Ellison (for the respondent) File Number(s): 2020/295112 Publication restriction: Nil