NSW Caselaw
Industrial Relations Commission of New South Wales
CITATION: Warren v Department of Education [2009] NSWIRComm 1032 This decision has been amended. Please see the end of the judgment for a list of the amendments.
APPLICANT PARTIES: Lesley Rae Warren RESPONDENT NSW Department of Education and Training
FILE NUMBER(S): 1783 of 2008
CORAM: Cambridge C
CATCHWORDS: Unfair dismissal - termination of employment - medical retirement - alleged incapacity to perform inherent requirements of position - absence of proper substantive basis - procedural errors - absence of evidence from decision maker - denial of natural justice - dismissal harsh, unreasonable and unjust - reinstatement ordered.
LEGISLATION CITED: Industrial Relations Act 1996 [NSW] Teaching Service Act 1980
CASES CITED: Public Service Association and Professional Officers' Association Amalgamated Union of New South Wales (on behalf of Peter Riley) v Workcover Authority of New South Wales ) Full Commission of Industrial Relations Commission of NSW, [Wright P, Boland J, Connor C], [2006] NSWIRComm 108 (26 June 2006).
HEARING DATES: 15, 16, 17, 30 April, 1 May, 15 June 2009
DATE OF JUDGMENT: 1 July 2009
APPLICANT Mr A Slevin, barrister with Ms J Worrad solicitor Solicitors for applicant LEGAL REPRESENTATIVES: Federation Law on behalf of NSW Teachers Federation
RESPONDENT Ms E Brus, barrister with Mr C Miles senior legal officer Department of Education and Training
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