Mahmoud v Department of Education and Training [2006] NSWIRComm 56

Industrial Relations Commission of New South Wales

CITATION: Mahmoud v Department of Education and Training [2006] NSWIRComm 56

PARTIES: Tosson Mahmoud NSW Department of Education and Training

FILE NUMBER(S): IRC 3872 of 2003

CORAM: Grayson DP

Unfair dismissal - Alleged misconduct - Applicant charged by police and convicted of assaulting school principal - Misconduct established on the evidence independently of criminal proceedings. CATCHWORDS: Held, misconduct justified termination of employment - No warrant for intervention of Commission - Application dismissed

LEGISLATION CITED: Crimes Act 1900 Industrial Relations Act 1996

CASES CITED: Pastrycooks Employees, Biscuit Makers Employees and Sugar Goods Workers Union (NSW) v Gartrell White (No 3) (1990) 35 IR 70

HEARING DATES: 17/05/05, 18/05/05, 13/03/06

DATE OF JUDGMENT: 03/24/2006

APPLICANT In person LEGAL REPRESENTATIVES:

RESPONDENT Mr S Benson of counsel instructed by Mr P Quinn, Senior Industrial Officer, Department of Education and Training

JUDGMENT:

- 1 - INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

CORAM: Grayson, DP 24 March 2006

Matter No IRC 3872 of 2003

Tosson Mahmoud and Director - General of Education and Training

Application by Tosson Mahmoud re unfair dismissal pursuant to section 84 of the Industrial Relations Act 1996 DECISION

[2006] NSWIRComm 56 1 These proceedings have followed a protracted course largely due to related proceedings in the local Court in which the applicant, Mr Mahmoud was charged with and convicted of common assault. The victim of the assault was Ms Cheryl Binns, principal of The Grange Public School at Minto where the applicant was engaged as a casual relief teacher on 22 May 2003. 2 The matter proceeds by way of an application for relief from alleged unfair dismissal under Chapter 2 Part 6 of the Industrial Relations Act 1996. In the course of the proceedings, and in addition to the application for relief the applicant filed various notices of motion with which I will deal compendiously given that they effectively seek the same relief or in the alternative relief which is beyond the Commission's power to grant. I refer here to the applicant's claim for monetary compensation in the amounts of: · $450000 for lost earnings and injury to health, · $58000 for case preparation, · $2000 for stationery, computer use, photocopying, telephone calls, facsimile and transport costs, · $900000 for permanent irreversible damage to livelihood and work · $12000 for costs incurred in relation to disciplinary matters in Eagle Vale High School and Kingswood High School where the applicant had taught on prior occasions.