Susan Gail Minogue and Department of Education and Communities [2013] NSWIRComm 1026

Industrial Relations Commission New South Wales Medium Neutral Citation: Susan Gail Minogue and Department of Education and Communities [2013] NSWIRComm 1026 Hearing dates: 4 September 20135 September 20136 September 2013 Decision date: 29 November 2013 Before: Tabbaa C AM Decision: Claim dismissed Catchwords: Unfair Dismissal-Casual Teacher with 27 years' experience-Commenced Full-time Employment-Probationary period extended twice-Alleged unsatisfactory work performance-Informal support program-Formal Teacher Improvement Program-Not completed-Extensive sick leave-Applicant required to show cause why she should not be dismissed-Response unsatisfactory-Probationary Employment Annulled- Dismissal not harsh, unjust or unreasonable-Protection of children is to be the paramount consideration-Includes protection of children from teachers. Legislation Cited: Industrial Relations Act 1996 Teaching Services Act 1980 Cases Cited: Beahan v Bush Boake Allen Australia Ltd (1999) 47 NSWLR 548; 93 IR1; Budlong v NCR Australia Pty Limited [2006] NSWIRComm 288; Lane and Northern Sydney Central Coast Area Health Service [2006] NSWIRComm 380; Bankstown City Council v Paris (1999) 93 IR 209; Macleay Valley Health Service v Jeffree (1994) 58 IR 187; Leeds and Northrup Pty Ltd v Hull (1992) 46 IR 11; 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 Category: Principal judgment Parties: Mr Peter Vlug (Partner, for the Applicant) Representation: Mr A Britt (for the Respondent) Ms M Buchanan (Principal Legal Officer, Employee Performance and Conduct Directorate, for the Respondent) File Number(s): IRC 456 of 2013