Alf Pace v Managing Director, TAFE Commission [2011] NSWIRComm 1052

Industrial Relations Commission New South Wales Medium Neutral Citation: Alf Pace v Managing Director, TAFE Commission [2011] NSWIRComm 1052 Hearing dates: 6 - 9 June 2011 Decision date: 18 October 2011 Before: Macdonald C Decision: (1) Order for reinstatement (2) Order for continuity of service Catchwords: UNFAIR DISMISSAL APPLICATION - Section 84 of the Industrial Relations Act 1996 - Applicant engaged as a TAFE teacher since 1983 - Applicant working at Nirimba College of TAFE at time of dismissal - Applicant teaching carpentry to apprentices - students made complaints about applicant's conduct in class - complaint by a mother of a student about applicant's harassing phone call to her re her son's conduct in class - applicant suspended - investigation into complaints - respondent (per Sue Hartigan) expressed opinion that applicant had engaged in misconduct - applicant invited to respond to possible disciplinary action including dismissal - applicant responded in writing and engaged law firm - Applicant dismissed - HEARING - respondent carried onus - only one of six findings of misconduct for dismissal of applicant made out - some findings of inappropriate conduct but held not to be misconduct - procedural unfairness - substantive unfairness - order of reinstatement Legislation Cited: Industrial Relations Act 1996 Cases Cited: Antonakopoulos v State Bank of New South Wales (1999) 91 IR 385 Briginshaw v Briginshaw (1938) 60 CLR 336 Byrne v Australian Airlines Ltd (1995) 185 CLR 410 Category: Principal judgment Parties: Alf Pace (Applicant)

Managing Director, TAFE Commission (Respondent) Representation: Ian Collins Solicitor (Applicant)