New South Wales Department of Education and Training v New South Wales Teachers Federation (on behalf of Mossfield) [2006] NSWIRComm 210

Industrial Relations Commission of New South Wales

CITATION: New South Wales Department of Education and Training v New South Wales Teachers Federation (on behalf of Mossfield) [2006] NSWIRComm 210

APPELLANT New South Wales Department of Education and Training PARTIES: RESPONDENT New South Wales Teachers' Federation

FILE NUMBER(S): IRC 6803 of 2005

CORAM: Wright J President; Walton J Vice-President; McLeay C

CATCHWORDS: Appeal - unfair dismissal - teacher assaulted student - leave to appeal granted - proper administration of justice - findings of fact not reasonably open at first instance - no extenuating circumstances - dismissal not harsh - appeal upheld - stay dissolved.

LEGISLATION CITED: Industrial Relations Act 1996 s 84 s 187 s 188

Austin v NF Importers Pty Ltd & Anor (2005) 146 IR 113 Box Valley Pty Ltd v Price (2000) 97 IR 484 Burge v NSW BHP Steel Pty Ltd (2001) 105 IR 325 Fox v Percy (2003) 214 CLR 118 CASES CITED: Hollingsworth v Commissioner of Police, New South Wales Police Service (2005) 146 IR 285 Humphries v Cootamundra Ex-Services and Citizens Memorial Club (2003) 128 IR 37 New South Wales Teachers Federation (on behalf of Anthony Mossfield) and NSW Department of Education and Training [2005] NSWIRComm 464 NSW Department of Education and Training and NSW Teachers Federation (on behalf of Anthony Mossfield) [2006] NSWIRComm 10 WorkCover Authority (NSW) (Inspector Moore) v Blacktown City Council (2003) 124 IR 59