Greig v Secretary, Department of Education [2018] NSWIRComm 1077

Industrial Relations Commission New South Wales Medium Neutral Citation: Greig v Secretary, Department of Education [2018] NSWIRComm 1077 Hearing dates: 28 February, 1 March, 2 March, 5 March and 6 March Date of orders: 04 December 2018 Decision date: 04 December 2018 Jurisdiction: Industrial Relations Commission Before: Commissioner Seymour Decision: Application dismissed Catchwords: UNFAIR DISMISSAL - Teacher with 33 years' experience - Unsatisfactory work performance - Teacher Improvement Program – Whether harsh, unreasonable or unjust - Protection of children paramount consideration

HELD – application dismissed Legislation Cited: Industrial Relations Act 1996, ss 84, 88, 162, 163

Teaching Services Act 1980, ss 5A, 93A Cases Cited: Bankstown City Council v Paris (1999) 100 IR 363 Buchanan v Secretary, NSW Department of Education [2016] NSWIRComm 1045 Davis v Secretary, NSW Department of Education [2017] NSWIRComm 1003 Greig v Director General, Department of Education and Communities (2013) NSWIRComm 1025 Industrial Relations Secretary v Fraser (No 2) [2015] NSWIRComm 10 New South Wales Teachers' Federation (on behalf of Debra Balsters) and New South Wales Department of Education and Training [2008] NSWIRComm 32, Pastrycook Employees, Biscuit Maker Employees and Flour and Sugar Goods Workers Union v Gartrell White (1990) 35 IR 70 Category: Principal judgment Parties: Mr Ian Greig (Applicant) Secretary, Department of Education (Respondent) Representation: I Greig (in person) A Britt, Counsel (Respondent) M Buchanan (Respondent) File Number(s): 2017/298150