E v Secretary, Department of Education [2018] NSWIRComm 1041

Industrial Relations Commission New South Wales Medium Neutral Citation: E v Secretary, Department of Education [2018] NSWIRComm 1041 Hearing dates: 17 and 18 October, 30 November, 1 December 2017,30 January, 15, 23 and 27 February, 13 March and25 May 2018 Decision date: 05 July 2018 Jurisdiction: Industrial Relations Commission Before: Murphy C Decision: Application dismissed Catchwords: UNFAIR DISMISSAL – Deputy Principal of school – relationship with another teacher – convenor of selection panel – failure to declare conflict of interest – failure to take appropriate action to address staff complaints – serious misconduct – dismissal not harsh unjust or unreasonable Legislation Cited: Industrial Relations Act 1996 Cases Cited: Briginshaw v Briginshaw ([1938] 60 CLR 336 Francis v South Sydney District Rugby League Football Club Ltd [2002] FCA 1306 Jones v Dunkel [1959] 101 CLR 298 Parras Holdings Pty Limited v Commonwealth Bank of Australia [1997] FCA 1107 Category: Principal judgment Parties: E (Applicant)

Secretary, Department of Education (Respondent) Representation: Counsel: Mr A Britt (Applicant) Mr M Easton (Respondent)

Solicitors: Mr M Kheir, Kheir Lawyers (Applicant) Ms A Burton, Department of Education (Respondent) File Number(s): 2017/00169640

DECISION 1. In this decision I will refer to the school where the applicant was employed as "the school" and to the staff of that school and other persons, apart from departmental personnel, by reference to the first and, where necessary, second letter of their surname. I do this with the consent of the parties. 2. The applicant was employed as a Deputy Principal at the school. He commenced in that role at the beginning of term one in 2016. The applicant commenced employment as a teacher in the Teaching Service of the NSW Department of Education in 1995. By letter dated 17 May 2017 from Jane Thorpe, Executive Director of the Department's Employee Performance and Conduct Directorate ("EPAC"), the applicant was advised that Ms Thorpe had sustained a number of misconduct allegations against him and that she had determined to dismiss him from the Teaching Service with effect from 18 May 2017. In his unfair dismissal application, the applicant stated "I seek re-instatement to another school as I am of the strong view that as a result of the dismissal my reputation has been severely compromised".