Public Service Association and Professional Officers' Association Amalgamated Union of New South Wales (on behalf of Susan Esther Benfell) v Department of Education and Training [2008] NSWIRComm 16

Industrial Relations Commission of New South Wales

CITATION: Public Service Association and Professional Officers' Association Amalgamated Union of New South Wales (on behalf of Susan Esther Benfell) v Department of Education and Training [2008] NSWIRComm 16

APPLICANT: Public Service Association and Professional Officers' Association Amalgamated Union of New South Wales (on behalf of Susan Benfell) PARTIES: RESPONDENT: Director-General, Department of Education and Training

FILE NUMBER(S): IRC 272 of 2007; 392 of 2007

CORAM: Boland J

Unfair dismissal - Teacher's Aide employed on a temporary basis by Department of Education and Training - Employee advised that she would not be assigned any work after the end of 2006 school year - Whether employee engaged under fixed term contract or whether there was a continuing employment relationship - Effect of s 21 of Education (School Administrative and Support Staff) Act 1987 - Whether employee dismissed within meaning of s 84 of the Industrial Relations Act 1996 - Whether employer dispensed with the services of the employee within the meaning of s 83(5)(b) of the Industrial Relations Act 1996 - Whether employer refused to employ Teacher's Aide - Whether the dismissal was harsh, unreasonable or unjust - Appropriate form of relief CATCHWORDS: Industrial dispute - Teacher's Aide employed on a temporary basis by Department of Education and Training - Employee advised that she would not be assigned any work after the end of 2006 school year - Whether employee engaged under fixed term contract or whether there was a continuing employment relationship - Whether employee was dismissed - Power of the Commission to make an award or order under Pts 1 or 2 of Ch 3 of the Industrial Relations Act 1996