Stephanie Gooch and Secretary of Education and Communities [2017] NSWIRComm 1033

Industrial Relations Commission New South Wales Medium Neutral Citation: Stephanie Gooch and Secretary of Education and Communities [2017] NSWIRComm 1033 Hearing dates: 29 October, 30 October and 31 October 2014 November, 5 November and 20 November 20145 March, 6 March and 13 March 201511 June 201516 June 2017 Date of orders: 26 June 2017 Decision date: 26 June 2017 Jurisdiction: Industrial Relations Commission Before: Tabbaa AM, Commissioner Decision: Claim dismissed Catchwords: Section 84-Unfair dismissal-performance not in question-misconduct allegations in relation to behaviour-alleged failure to conduct herself courteously, respectfully and professionally-allegation of bullying and harassment by the principal-severe arthritic condition allegedly aggravated by stress at the workplace-post traumatic stress disorder-direction to resign-conduct considered trivial by the applicant-applicant alleges dismissal grossly disproportionate response-conduct admitted-medical evidence does not support applicant's contention-dismissal not harsh, unjust or unreasonable Legislation Cited: Industrial Relations Act 1996 Teaching Service Act 1980 Teaching Service Regulation 2007 Public Interest Disclosures Act 2007 Anti-Discrimination Act 1977 Workers Compensation Act 1987 Cases Cited: Alison v Bega Valley Council (1995) 63 IR 68 Public Service Association and Professional Officers' Association Amalgamated Union of New South Wales v Secretary of the Treasury [2014] NSWCA 112 NSW Health Services Northern Sydney Local Health District v Hargreaves [2012] NSWIRComm 123 New South Wales Nurses' Association (on behalf of Prior) v South Eastern Sydney & Illawarra Area Health Service [2007] NSWIRComm 164; (2007) 164 IR 225 Department of Health v Perihan Kaplan [2010] NSWIR Comm 65 National Union of Workers, New South Wales Branch (on behalf of Khan) v Cuno Pacific Pty Ltd (2005) 146 IR 44 Little v Commissioner of Police (No 2) (2002) 112 IR 212 Commissioner of Police v Evans [2006] NSWIRComm 170 Metropolitan Meat Industry Board v Australasian Meat Industry Employees' Union, NSW Branch [1973] AR (NSW) 231 3 Commissioner of Police v Sewell [2008] NSWIRComm 147] Budlong v NCR Australia Pty Ltd [2006] NSWIRComm 288 Cahill VP in NSW Public Service Professional Officers Association v Forestry Commission (NSW) [1990] 39 IR 46 Perkins v Grace Worldwide Australia Pty Ltd (1997) 72 IR 186 Re Dismissal of Union Delegate at Homebush Abattoir [1966] AR (NSW) 371 Department of Attorney General and Justice – Corrective Services and Richard Woelfl [2013] NSWIRComm 73 Austin v NF Importers Pty Ltd (2005) 146 IR 113 Harvey v Department of Education and Training of New South Wales (2009) NSWIRComm 1076 New South Wales Teachers Federation (on behalf of Debra Balsters) and New South Wales Department of Education and Training [2008] NSWIRComm 32 Lane and Northern Sydney Central Coast Area Health Service [2006] NSWIRComm 380 JBS Australia Pty Ltd v Challenger [2015] FWCFB 520 Youssef and Western Sydney Area Health Service [2002] NSWIRComm 8 Industrial Relations Secretary v Fraser (No 2) [2015] NSWIRComm 10 Jones v Dunkel (1959) 101 CLR 298 Category: Principal judgment Parties: Stephanie Gooch (Applicant) Secretary of Education and Communities (Respondent) Representation: Mr Anthony Howell, Counsel (Applicant) Mr Anthony Britt, Counsel (Respondent)