Johnson Nsiah v Department of Education and Training [2006] NSWIRComm 351

Industrial Relations Commission of New South Wales

CITATION: Johnson Nsiah v Department of Education and Training [2006] NSWIRComm 351

PARTIES: Johnson Nsiah Department of Education and Training

FILE NUMBER(S): IRC 6701 of 2005

CORAM: Grayson DP

Unfair dismissal - Teacher performance - Ineffeciency - Lack of competency - Incompetence a breach of discipline within meaning of Teaching Services Act - Applicant placed on teacher improvement programme - Assertion of inadequecy of support within improvement programme - Allegation of procedural unfairness within programme - Alleged failure to afford a fair go all round CATCHWORDS: No discernible improvement throughout programme - Finding of incompetence justified - Breach of discipline made out - Paramount consideration of protection of children mandated by recent legislative amendment - Correlation between teacher performance and welfare of students - Held, dismissal not harsh, unreasonable or unjust - Application dismissed

Education Legislation Amendment (Staff) Act 2006 LEGISLATION CITED: Teaching Service Regulation 2001 Industrial Relations Act 1996 Teaching Services Act 1980

CASES CITED: Pastrycooks Employees, Biscuitmakers Employees and Flour and Sugar Goods Workers Union (NSW) v Gartrell White (No 3) 35 IR 70 Wang v Crestell Industries Pty Ltd (1997) 73 IR 454

HEARING DATES: 13/06/06, 14/06/06, 15/06/06, 16/06/06, 19/06/06, 22/06/06, 23/06/06, 5/10/06

DATE OF JUDGMENT: 11/21/2006

Mr N Dawson of counsel instructed by Ms P Potter, solicitor, McMahon Associates LEGAL REPRESENTATIVES: Mr S Benson of counsel instructed by Mr P Quinn, Senior Industrial Officer, Department of Education and Training