Cretney v Director General, New South Wales Department of Education and Training (No 2) [2009] NSWIRComm 107

Industrial Court of New South Wales

CITATION: Cretney v Director General, New South Wales Department of Education and Training (No 2) [2009] NSWIRComm 107

Patricia Cretney (Appellant) PARTIES: Director General, New South Wales Department of Education and Training (Respondent)

FILE NUMBER(S): IRC 1422 of 2008

CORAM: Boland J President; Walton J Vice-President; Backman J

APPEAL – Unfair contract – School – School assistant – Breaches of discipline – Whether appellant accorded procedural fairness – Whether appellant guilty of conduct for which she was accused – Damage to reputation – Compensation for medical expenses, pain and suffering – Appeal upheld – Compensation ordered. CATCHWORDS: UNFAIR CONTRACT – Appeal – School – School assistant – Breaches of discipline – Whether appellant accorded procedural fairness – Whether appellant guilty of conduct for which she was accused – Damage to reputation – Compensation for medical expenses, pain and suffering – Appeal upheld – Compensation ordered.

LEGISLATION CITED: Industrial Relations Act 1996

Abboud v The State of New South Wales (Department of School Education) (1999) 92 IR 32 Amalgamated Television Services Pty Ltd v Marsden [2002] NSWCA 419 Australian Air Express Pty Ltd v Langford [2005] NSWCA 96; 147 IR 240 Baker v National Distribution Services (1993) 50 IR 254 Beahan v Bush Boake Allen Ltd (1999) 47 NSWLR 648; 93 IR 1 Bowker & Anor v Software Engineers Australia Pty Ltd & Ors [2004] NSWIRComm 104 CASES CITED: Commissioner of Police v Dobbie [2006] NSWIRComm 285; (2006) 157 IR 44 King v State Bank of New South Wales (No 2) [2002] NSWIRComm 353; 126 IR 407 Patricia Cretney v State of New South Wales [2008] NSWIRComm 131 Port Macquarie Golf Club v Stead (1996) 64 IR 53 Rothmans Distribution Services Ltd v Full Court of the Industrial Court of New South Wales (1994) 53 IR 157 State of New South Wales v Banas [2004] NSWIRComm 255; 137 IR 63 Walker v Hussmann (1991) 24 NSWLR 451; 38 IR 180 Westfield v Helprin (1997) 82 IR 411