Byrne v NSW Department of Education and Training [2009] NSWIRComm 1039

Industrial Relations Commission of New South Wales

CITATION: Byrne v NSW Department of Education and Training [2009] NSWIRComm 1039

APPLICANT PARTIES: Paula Byrne RESPONDENT NSW Department of Education and Training

FILE NUMBER(S): 1417 of 2008

CORAM: Cambridge C

CATCHWORDS: Unfair dismissal - termination of employment - alleged inadequate work performance - extensive assessment procedures - procedural error - balance between procedure and substantive basis for dismissal - substantive basis not impacted by procedural error - onus on applicant to establish claim not met - claim dismissed.

LEGISLATION CITED: Industrial Relations Act 1996 Teaching Services Act 1980

Nikolich v Goldman Sachs JB Were Services Pty Ltd [2006] FCA 784. Russell v The Trustees of the Roman Catholic Church for the Archdiocese of Sydney and Anor [2007] NSW SC 104. Horwood v NSW Department of Education [2007] NSWIRComm 1038. Pastrycooks Employees, Biscuit Makers Employees & Flour and Sugar Goods Workers Union (NSW) v Gartrell White (No. 3), (1990) Industrial Commission of NSW, [Hungerford J], 35IR 70. Bigg v New South Wales Police Service, Full Commission of Industrial Relations Commission of NSW [Bauer Schmidt JJ & Murphy C], 80IR 434. Bankstown City Council v Paris (1999) Full Commission of Industrial Relations Commission of NSW [Wright P, Peterson J & Bishop C], 93IR 209. CASES CITED: Macleay Valley Health Service v Jeffree, (1994) Full Commission of Industrial Relations Commission of NSW [Fisher P Hill J & Sheils CC], 58IR 187. Lawrence v Catholic Education Office [2002] NSWIRComm 115. New South Wales Teachers' Federation (on behalf of Debra Balsters) v New South Wales Department of Education and Training [2008] NSWIRComm 32. Nsiah v Department of Education and Training [2006] NSWIRComm 351. Alexander v Commissioner of Police [2009] NSWIRComm 3, [Boland J, President]. Byrne & Frew v Australian Airlines Ltd (1995) 185CLR 410. Busways v Johnson, (1994), Full Commission of Industrial Relations Commission of NSW, [Fisher P Schmidt J Tabbaa CC], 55IR @ 255. Wells v Commissioner of Police (2000) 100IR 106.