Fiona Andreallo v TAFE Commission of New South Wales [2007] NSWIRComm 1053

Industrial Relations Commission of New South Wales

CITATION: Fiona Andreallo v TAFE Commission of New South Wales [2007] NSWIRComm 1053

APPLICANT Fiona Andreallo PARTIES: RESPONDENT TAFE Commission of New South Wales

FILE NUMBER(S): 3426 of 2006

CORAM: Macdonald C

CATCHWORDS: Unfair dismissal application -TAFE teacher at St George College dismissed - evidence supporting dismissal considered - not all witnesses called by Respondent gave evidence - witness statements withdrawn - lack of formal employee counselling documentation - unsubstantiated assertions against Applicant by Head Teachers - only one Head Teacher gave evidence - personal clash between Applicant and one of the Head Teachers - Applicant's complaint against that Head Teacher not completed by time of Applicant's dismissal - dismissal found to be harsh; unjust and unreasonable - dismissal procedurally unfair - legal issues surrounding Commission's ability to order re-employment remedy sought by Applicant - Applicant of own initiative had gained teaching employment with employer which had dismissed the Applicant - Commission rejected employer's legal argument going to power of Commission to order re-employment - Commission held re-employment impracticable under the circumstances - compensation ordered.

LEGISLATION CITED: Industrial Relations Act 1996

Brookes v Watling (1995) 61 IR 163 at 170 D and R Commercial Pty Ltd v Flood (2002) 113 IR 344 CASES CITED: Jones v Dunkel (1959) 101 CLR 298 Outboard World Pty Ltd t/as Budget Waste Control (Sydney) v Muir (1993) 51 IR 167 Teachers in Schools and TAFE and Related Employees Salaries and Conditions Award (2004) 141 IR 166