Davis v Secretary, NSW Department of Education [2017] NSWIRComm 1003

Industrial Relations Commission New South Wales Medium Neutral Citation: Davis v Secretary, NSW Department of Education [2017] NSWIRComm 1003 Hearing dates: 8, 9, 10 August & 24 November 2016 Date of orders: 03 February 2017 Decision date: 03 February 2017 Jurisdiction: Industrial Relations Commission Before: Murphy C Decision: The appeal by Renae Peta Davis is dismissed Catchwords: PUBLIC SECTOR DISCIPLINARY APPEAL – direction to resign – Teacher Assessment Review Schedule – unsatisfactory performance – Department's Guidelines for the Management of Conduct and Performance – Teacher Improvement Program – whether appellant was placed on TIP in accordance with the Guidelines – whether first five weeks of the TIP was conducted in accordance with the Guidelines – allegation of bias – Guidelines not a straitjacket on the Department – Guidelines substantially complied with – no basis for overturning decision – appeal dismissed Legislation Cited: Industrial Relations Act 1996 Teaching Service Act 1980 Cases Cited: Buchanan v Secretary, NSW Department of Education [2016] NSWIRComm 1045 Category: Principal judgment Parties: Renae Peta Davis (Appellant)

Secretary, NSW Department of Education (Respondent) Representation: Counsel: Mr A Britt (Respondent)

Solicitors: Mr M Heffernan, Fair Work Claims (Appellant) Mr J Bennett, NSW Department of Education (Respondent) File Number(s): 2015/367249

DECISION 1. The matter before the Commission is a public sector disciplinary appeal against the decision taken by Ms Jane Thorpe, Executive Director of the Employee Performance and Conduct Directorate ('EPAC'), NSW Department of Education, on 6 August 2015, to direct the appellant, Ms Renae Davis, to resign from her employment as a classroom teacher. The appeal is brought pursuant to Chapter 2, Part 7 of the Industrial Relations Act 1996 ('Act'). 2. Prior to the decision, which is the subject of this appeal, the appellant was employed as a permanent part time primary school teacher at the Durrumbul Primary School ('Durrumbul PS') which is located just out of Mullumbimby in the north eastern corner of New South Wales. In her appeal, the appellant seeks an order reinstating her to the substantive position which she held at the time of the termination of her employment. The respondent, the Secretary, NSW Department of Education, opposes the making of such an order or the granting of any other form of relief.