NSW Caselaw
Industrial Relations Commission of New South Wales
CITATION: Horwood v NSW Department of Education [2007] NSWIRComm 1038
APPLICANT PARTIES: Peter Reginald Horwood RESPONDENT NSW Department of Education and Training
FILE NUMBER(S): 3445 of 2006
CORAM: Cambridge C
CATCHWORDS: Unfair dismissal - termination of employment - teacher serving extended probation period - performance improvement program implemented - appointment annulled - valid substantive basis established - procedural defects not sufficient to displace substantive basis - application dismissed.
LEGISLATION CITED: Industrial Relations Act 1996 [NSW]
CASES CITED: Mifsud & New South Wales Department of Education and Training [2001], NSWIRComm 1047 (25 July 2001), Connor C.
HEARING DATES: 11, 12 & 13 April 2007, 16 May 2007
DATE OF JUDGMENT: 6 July 2007
APPLICANT self represented LEGAL REPRESENTATIVES: RESPONDENT Mr J Murphy, barrister, with Mr P Quinn from Department of Education & Training
DECISION: INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES
COMMISSIONER CAMBRIDGE
6 July 2007
Matter No IRC 3445 of 2006
Peter Reginald Horwood v NSW Department of Education and Training
Application by Peter Horwood re unfair dismissal pursuant to section 84 of the Industrial Relations Act 1996.
DECISION
[2007] NSWIRComm 1038
1 This matter involves a claim for unfair dismissal. The claim was made pursuant to section 84 of the Industrial Relations Act 1996 [NSW], (the Act). The claim was filed on 7 November 2006, by Peter Reginald Horwood, (the applicant). The application named the respondent employer as the NSW Department of Education and Training, (the employer). 2 The claim was the subject of unsuccessful attempted conciliation conducted before McLeay C. Subsequently the matter was reallocated to the Commission as currently constituted and has involved a Hearing covering three days of taking of evidence, 11, 12 and 13 April 2007 and a further day, 16 May 2007, when the Parties made submissions.
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