Buchanan v. Secretary, NSW Department of Education [2016] NSWIRComm 1045

Industrial Relations Commission New South Wales Medium Neutral Citation: Buchanan v. Secretary, NSW Department of Education [2016] NSWIRComm 1045 Hearing dates: 4-8 July, 29 July, 28 October 2016 Date of orders: 28 October 2016 Decision date: 28 October 2016 Jurisdiction: Industrial Court of NSW Before: Newall C Decision: Application under s.84 of the Industrial Relations Act 1996 dismissed. Catchwords: UNFAIR DISMISSAL – tripartite test – neither harsh, unreasonable or unjust – application dismissed UNFIR DISMISSAL – Remedy – remedy discretionary - remedy does not necessarily follow a finding that a dismissal was unfair TEACHERS – fundamental importance of s.5A of Teaching Service Act 1990 – protection of children includes protection against anything less than competent teaching TEACHERS – Teacher Improvement Programme – in general, and subject to consideration of individual circumstances, a failure to complete a TIP satisfactorily will demonstrate incompetence and provide basis for dismissal Legislation Cited: Industrial Relations Act 1996 s.84, .s.89(5), s.89(6) Teaching Service Act 1990 s. 5A Cases Cited: Antonakopoulos v State Bank of NSW (1999) 91 IR 385 Bankstown City Council v Paris (1999) 93 IR 209 Cassis v NSW Department of Education and Training [2006] NSWIRComm 164 Chambers v Jobling (1986) 7 NSWLR 1 Henderson v Rural Lands Protection Board (1997) 74 IR 14 Category: Principal judgment Parties: Mrs Susan Buchanan (applicant) Secretary, NSW Department of Education (Respondent) Representation: Counsel: Ms K Edwards (applicant) Mr A Britt (respondent) File Number(s): 2016/00003467