New South Wales Independent Education Union on behalf of member and Catholic Schools Office Diocese of Maitland-Newcastle [2006] NSWIRComm 395

Industrial Relations Commission of New South Wales

CITATION: New South Wales Independent Education Union on behalf of member and Catholic Schools Office Diocese of Maitland-Newcastle [2006] NSWIRComm 395

APPLICANT PARTIES: New South Wales Independent Education Union on behalf of member RESPONDENT Catholic Schools Office Diocese of Maitland-Newcastle

FILE NUMBER(S): IRC 2211 of 2006

CORAM: Harrison DP

CATCHWORDS: Application for relief re alleged unfair dismissal - transgression of teacher/student boundary - allegations denied at time of events - warning and counselling - 13 years later truth revealed - employer informed - investigation - some allegations admitted others denied - psychological and psychiatric assessment of risk to children and young people - termination of employment on basis of conduct and unacceptable risk to children and young people. Held - principle of condonement not applicable as original events dealt with on basis of denial - deception of employer constitutes serious misconduct - ongoing risk to children and young people - termination of employment not harsh, unreasonable and unjust - application for relief refused.

LEGISLATION CITED: Industrial Relations Act 1996 Ombudsman's Act 1974

Electricity Commission of New South Wales t/as Pacific Power v Nieass and Others (1995) 81 IR 46 Burge v NSW BHP Steel Pty Limited (2001) 105 IR 325 CASES CITED: Australasian Transport Officer's Federation v Department of Transport (1988) 25 IR 235 Clarke v Metropolitan Meat Industry Board [1967] AR (NSW) 16 Coleman v The Director General of School Education (IRC 4507 of 1997, Bauer J, 17 December 1997, unreported)