NSW Independent Education Union and Woodenbong Preschool Kindergarten [2009] NSWIRComm 1002

Industrial Relations Commission of New South Wales

CITATION: NSW Independent Education Union and Woodenbong Preschool Kindergarten [2009] NSWIRComm 1002

APPLICANT PARTIES: NSW Independent Education Union o/b Ms C Reid RESPONDENT Woodengong Preschool Kindergarten Incorporated

FILE NUMBER(S): 1372 of 2008

CORAM: Ritchie C

Claim for unfair dismissal Applicant longterm Director of preschool Terminated for serious misconduct without notice. Director failed to report in a timely manner two incidents to DOCS and the general committee and breached confidentiality. Two incidents occurred between three children aged 3and 4 years at preschool. CATCHWORDS: Incidents witnessed by teachers and reported to Director. Director sought to gather facts, discussed with teachers,researched issue. Reported the incidents to DOCS in an informal manner a few days later and formally 8 days later. Commission found that Director had complied with the Children and Young Persons Act in notifying DOCS as soon as practicable. Commission found that Director not bound to advise General Committee. Committee set policy Breach of confidentially did not amount to serious misconduct. Reinstated Director with backpay.

LEGISLATION CITED: Industrial Relations Act 1996 Children and Young Persons(Care and Protection ) Act, 1998

Busway v Johnson (1994)55 IR Electricity Commission of NSW t/as Pacific Power v Crump (1993) 48IR Metropolitan Meat Industry Board v Australian Meat Industry Employees Union,NSW Branch (1973) Ar NSW 231 CASES CITED: Franklins v Webb (1996) 72 IR North v Television Corporation Ltd (1976) 11AR Laws v London Chronicle (Indicator Newspaper) Ltd (1959) 2 allER 285 Day v Lumley Life Limited (1999) 90 IR70 Bi-Lo Ltd v Hooper (53IR224)