Sultan v Department of Education and Communities [2013] NSWIRComm 1002

Industrial Relations Commission New South Wales Medium Neutral Citation: Sultan v Department of Education and Communities [2013] NSWIRComm 1002 Hearing dates: 23, 24 and 25 September 2012 Decision date: 15 January 2013 Jurisdiction: Industrial Relations Commission Before: Bishop C Decision: Application dismissed Catchwords: UNFAIR DISMISSAL: public sector employee - teacher - allegations of refusing to comply with reasonable and lawful request and subsequent 3 directions to attend meeting with relevant supervisor re work concerns - no explanation advanced - disciplinary investigation - allegations sustained - direction to resign and subsequent dismissal - basis for meeting disputed - 'reasonable and lawful' challenged - procedural issues raised - harshness of penalty - reinstatement sought HELD request and directions reasonable and lawful - conduct of applicant inappropriate - constituted misconduct - allegations found sustained - procedural issues and harshness considered - dismissal not harsh or unjust or unreasonable in circumstances - application dismissed. Legislation Cited: Industrial Relations Act 1996 Teaching Service Act 1980 Teaching Service Regulation 2007 Cases Cited: Adami v Maison de Luxe Ltd (1924) 35 CLR 143 Antonokopoulos v State Bank of New South Wales (1999) 91 IR 385 Australian Telecommunications Commission v Hart (1982) 43 ALR 165 Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, New South Wales Branch v New South Wales Roads and Traffic Authority [2007] NSWIRComm 309 Bankstown City Council v Paris (19999) 93 IR 209 Blackadder v Ramsey Butchering Services Pty Ltd [2005] HCA 22 Blyth Chemicals Limited v Bushnell (1933) 49 CLR 66 Briginshaw v Briginshaw (1938) 60 CLR 336 Byrne & Frew v Australian Airlines (1995) 61 IR 32 Byrnes v Treloar & Ors [1997] NSWSC 629 Clouston and Co Ltd v Corry [1906] AC122 Laws v London Chronicle (Indicator) Newspapers (Ltd) [1959] 1 WLR 698 Cockayne v Hurstville City Council [2009] NSWIRComm 1013 Concut Pty Ltd v Worrell [2000] HCA 64 Department of Health v Perihan Kaplan [2010] NSWIRComm 65 Director General, New South Wales Department of Health v Industrial Relations Commission of New South Wales [2010] NSWCA 47 D'Souza v NSW Department of Transport and Infrastructure [2010] NSWIRComm 1042 D & R Commercial Pty Limited v Flood (2002) 113 IR 344 Electricity Commission of New South Wales t/as Pacific Power v Crump (1993) 48 IR 296 John Lysaght (Australia) Limited v Federated Ironworkers Association of Australia, New South Wales Division &Ors (1972) AILRR 517 Harrison v P & T Tube Mills Proprietary Limited [2009] FCA 220). Harvey v Department of Education and Training of New South Wales [2009] NSWIRComm 1076 Laws v London Chronicle (Indicator Newspapers) Ltd (1959) 1 WLR 698 Leeds and Northrup Pty Ltd v Hull (1992) 46 IR 11 McManus v Scott-Charlton (1996) 70 FCR 16 National Union of Workers' New South Wales Branch (on behalf of Khan) v Cuno Pacific Pty Ltd (2005) 146 IR 441 New South Wales Teachers' Federation (on behalf of Debra Balsters) and New South Wales Department of Education and Training [2008] NSWIRComm 32 NSW Department of Education and Training v Cassis [2007] NSWIRComm 158 North v Television Corporation Ltd (1976) 11 ALR 599, NSW Nurses Association (on behalf of Colin Prior) v South Eastern Sydney and Illawarra Area Health Service (2007) 164 IR 225 Pastrycooks Employees, Biscuit Makers Employees & Flour & Sugar Goods Workers Union v Gartrell White (No 3) (1990) 35 IR 70 R v Darling Island Stevedoring and Lighterage Co. Limited; Ex parte Halliday & Sullivan (1938) 60 CLR 601 Re Dispute - Dismissal of Union Delegates at Homebush Abattoir [1966] AR (NSW) 371 Salat v NSW Police Force [2011] NSWIRComm 1040 Unilever Australia Ltd v Food Preservers Union of Australia (1992) 45 IR 12 Woolworths Ltd v Brown (2005) 145 IR 285 Category: Principal judgment Parties: Fadia Sultan (Applicant) Department of Education and Communities (Respondent) Representation: Ms P Lowson (Applicant) Mr A Britt (Respondent) Ms A Grayson, W.G. McNally Jones Staff (Applicant) Ms B Fainuu, Department of Education and Communities (Respondent) File Number(s): IRC 533 of 2012