Cantwell v Secretary, of the Department of Education [2023] NSWIRComm 1012

Industrial Relations Commission New South Wales Medium Neutral Citation: Cantwell v Secretary, of the Department of Education [2023] NSWIRComm 1012 Hearing dates: 23, 24, 25 May 2022 Date of orders: 10 February 2023 Decision date: 10 February 2023 Jurisdiction: Industrial Relations Commission Before: Commissioner Muir Decision: The application is dismissed Catchwords: EMPLOYMENT AND INDUSTRIAL LAW — Termination — Statutory rights — Unfair dismissal Legislation Cited: Industrial Relations Act 1996 (NSW), ss 84, 87, 88 Teaching Service Act 1980 (NSW) s 5A Cases Cited: Buchanan v Secretary, of the Department of Education [2016] NSWIRComm 1045 Category: Principal judgment Parties: Miles Cantwell (applicant) Secretary, of the Department of Education (respondent) Representation: Counsel: Mr A Britt (respondent)

Solicitors: Clayton Utz (respondent)

Other: Mr M Cantwell (applicant in person) File Number(s): 2021/342519 Publication restriction: Pursuant to section 164A of the Industrial Relations Act 1996 (New South Wales), each of the following is prohibited: (a) The disclosure of the name, address or any other material that identifies or may lead to the identification of students mentioned in evidence or submissions in the proceedings. (b) The doing of any other thing that identifies or may lead to the identification of the students mentioned in evidence or submissions in this proceeding, including the publication of evidence given before the Commission or matters contained in the documents lodged with the Commission or received in evidence by the Commission. (c) The disclosure of the name or any pictures of [name redacted]; or (d) Without the leave of the Commission, access to the Commission file in this matter.