NSW Caselaw
Industrial Relations Commission New South Wales Medium Neutral Citation: Pintley v Secretary, NSW Department of Education [2019] NSWIRComm 1085 Date of orders: 25 November 2019 Decision date: 25 November 2019 Jurisdiction: Industrial Relations Commission Before: Commissioner Murphy Decision: (1) This disciplinary appeal of Joanne Pintley is allowed.
(2) The decision to demote Ms Pintley from Assistant Principal to classroom teacher with effect from 6 December 2018 is varied as set out in Order 3.
(3) Ms Pintley is to be restored to the classification of Assistant Principal at the appropriate rate of pay with effect from Monday 9 December 2019. Catchwords: PUBLIC SECTOR DISCIPLINARY APPEAL – Assistant Principal demoted to classroom teacher – sustained allegations of misconduct – not all sustained allegations proven on the evidence before the Commission – appeal allowed Legislation Cited: Industrial Relations Act 1996 Teaching Service Act 1980 Cases Cited: Calman v Commissioner of Police [1999] HCA 60 Marroun v State Transit Authority [2016] NSWIRComm 1003 Marroun v State Transit Authority [2016] NSWSC 1830 Marroun v State Transit Authority [2017] NSWCA 273 Secretary, Department of Justice v Schoeman [2014] NSWIRComm 40 Category: Principal judgment Parties: Joanne Pintley (Appellant)
Secretary, NSW Department of Education (Respondent) Representation: Ms P Cunningham, agent (Appellant)
Mr Y Shariff of counsel (Respondent) File Number(s): 2018/00390210
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