Jason Wilson and Department of Education and Training [2000] NSWIRComm 20

Industrial Relations Commission of New South Wales

CITATION : Jason Wilson and Department of Education and Training [2000] NSWIRComm 20 PARTIES : APPELLANT: Jason Wilson RESPONDENT: Department of Education and Training FILE NUMBER: IRC1735 of 1999 CORAM: Walton J Vice-President; Kavanagh J; Bishop C CATCHWORDS : Appeal - leave to appeal - teacher - unfair dismissal - allegations of sexual misconduct - principles for appeal and review of facts on appeal - need for particular reasons on findings of fact based on credibility of witnesses when facts denied - advantage held by primary member in observation of witness - employer's established procedures to be followed for procedural fairness - procedural defects vitiate decision to dismiss - manifest injustice in investigation - teacher's right to be heard - investigation involving minor and parents right to be at interview - compensation Industrial Relations Act 1996 s84 s89 s130 LEGISLATION CITED : s136 s137 Teaching Service Act 1980 s50(5)(b) s50(6) s85 Ward v Director of School Education (1998) 80 IR 179 Martin v Byrnes (unreported, Court of Appeal, Priestley, Stein JJA and Sheppard AJA, 25 May 1999) Walsh v Law Society (1999) 164 ALR 405 Hand v Adelaide Bank (1997) 72 IR 289 CASES CITED : State Rail Authority of NSW v Earth Line Constructions Pty Ltd (In Liq & Ors) (1999) 160 ALR 588 Newton v NSW Police Service (unreported, Wright J, President, Hungerford and Schmidt JJ, No IRC 98/5393, 6 April 1999) Byrne v Australian Airlines Ltd (1995) 185 CLR 410 Johnson v Catholic Education Office, Diocese of Parramatta (unreported, Cahill J, Vice-President, Schmidt J and Tabbaa C, IRC97/5641, 21 August 1998) Antonakopoulos v State Bank of NSW (unreported, Wright J, President, Walton J, Vice-President and Redman C, IRC98/6863, 30 July 1999) HEARING DATES: 08/13/1999; 10/15/1999 DATE OF JUDGMENT: 03/21/2000