Mark Adamowski v Department of Education and Communities [2015] NSWIRComm 33

Industrial Relations Commission New South Wales Medium Neutral Citation: Mark Adamowski v Department of Education and Communities [2015] NSWIRComm 33 Hearing dates: 24 June 2015, 25 June 2015, 10 July 2015, 17 July 2015 Decision date: 21 October 2015 Jurisdiction: Industrial Relations Commission Before: Harrison DP Decision: Application for relief from alleged unfair dismissal is refused. Catchwords: Application for relief from alleged unfair dismissal pursuant to s84 of Industrial Relations Act 1996 – Termination consequent to conviction for assault on principal – Section 93K Teaching Service Act 1980 – Direction to resign not followed – employment terminated. Issues of psychological difficulty and mental health put as mitigating circumstances. Held – Application dismissed - Principal acted to assist teacher – Dismissal not for teaching performance – Mitigating circumstances not made out – no basis for intervention. Recommendation to review policies and procedures for dealing with mental health issues in the workplace. Legislation Cited: Industrial Relations Act 1996 Teaching Service Act 1980 Crimes Act 1900 Cases Cited: Industrial Relations Secretary v Fraser (No 2) [2015] NSWIRComm 10 Department of Health v Perihan Kaplan (2010) NSWIRComm 65 Re Loty & Holloway v Australian Workers' Union (1971) AR (NSW) 95 Beahan v Bush Boake Allen Australia Pty Ltd (1999) 47 NSW LR 648 Little v Commissioner of Police (No 2) (2002) 112 IR 212 Byrne v Australian Airlines Ltd [1995] HCA24; (1995) 185 CLR 410 Bostik (Australia) Pty Ltd. V Gorgevski (No 2) (1992) 36 FCR 439 Metropolitan Meat Industry Board v Australasian Meat Industry Employees' Union, NSW Branch, [1973]AR (NSW) 231 Category: Principal judgment Parties: Mark Adamowski Department of Education and Communities Representation: Mr M Adamowski (Applicant)