Williams v DET [2010] NSWIRComm 1063

Industrial Relations Commission of New South Wales

CITATION: Williams v DET [2010] NSWIRComm 1063

APPLICANT PARTIES: Ms Helen Williams RESPONDENT Director-General of Education and Training

FILE NUMBER(S): 439 of 2010

CORAM: Ritchie C

Claim for unfair dismissal. Applicant was a teacher on a temporary contract. Applicant terminated by Principal. Termination occured without procedural fairness or natural justice. Applicant suffered emotionally as a consequence and a subsequent workers compensation claim was accepted. CATCHWORDS: Respondent accepted that termination was harsh.Offered re employment at another school. Commission found that termination was harsh, unreasonable and unjust. Applicant sought reinstatement, respondent sought re employment to another school. Found that reistatement was impractical and ordered re employment into another school with back pay. Applicant sought that IRC order that respondent offer a temporary contract for 2011. IRC found that it did not have the power to make such an order but strongly recommended that respondent do what possible to offer such a contract. Application for costs by applicant rejected as Commission found that respondent had not unreasonably failed to agree to a settlement.

LEGISLATION CITED: Industrial Relations Act,1996 Teaching Services Act,1980

Burge v NSW BHP Steel Pty Ltd (2001) 105IR 325 CASES CITED: Bankstown City Council v Paris Four Seasons Pty Limited v Sakchai Limsiriipothang (No 2 ) (2000) 100IR 400. Van Huisstede v Commissioner of Police (No 2)