Robert Buttling v NSW Department of Education and Communities [2012] NSWIRComm 60

Industrial Relations Commission New South Wales Medium Neutral Citation: Robert Buttling v NSW Department of Education and Communities [2012] NSWIRComm 60 Hearing dates: 12-15; 25 June 2012 Decision date: 28 June 2012 Jurisdiction: Industrial Relations Commission Before: Kavanagh J Decision: In Matter No. IRC368 of 2012, the claim for unfair dismissal filed under s 84 of the Industrial Relations Act is dismissed. Catchwords: UNFAIR DISMISSAL - unfair dismissal application under s 84 of Industrial Relations Act 1996 - application for reinstatement - applicant self represented - dismissed as a teacher for misconduct - significant errors in Report of Incident regarding applicant - failure by department to interview and listen to applicant in investigation - applicant's complaint not properly considered - applicant sends offensive and aggressive documents, emails and Facebook postings - applicant received official directions to stop conduct- directions reasonable - failure by applicant to comply with lawful directions - failure by applicant to comply with Code of Conduct - no collusion of departmental officers against applicant - reasons for dismissal had basis in fact and proper notice given - claim dismissed Legislation Cited: Industrial Relations Act 1996 Occupational Health and Safety Act 2000 Teaching Service Act 1980 Cases Cited: Thompson v IGT (Australia) Pty Limited [2008] FCA 994 Category: Principal judgment Parties: Robert Buttling (Applicant) NSW Department of Education and Communities (Respondent) Representation: Mr P Ginters (Respondent) Self Represented (Applicant) NSW Department of Education and Communities (Respondent) File Number(s): IRC 368 of 2012