Teacher's Dismissal Case Fails
Illawarra Mercury
Wednesday February 26, 2003
A TEACHER who claimed she was victimised and unfairly dismissed from a Catholic primary school at Unanderra has failed in an appeal to get her job back.
Bridie Mullan claimed she was victimised and unfairly dismissed after raising several union issues including an asbestos scare at a Catholic primary school at St Pius X School.
The Year 6 teacher, who took action in the State Industrial Relations Commission, said she was concerned and frightened to discover that a 3cm piece of asbestos had been uncovered at the school during the first term of 2001.
She said her classroom was covered in dust the week after some windows were removed.
``I got my Year 6 children to help me clean up the dust and then I find out the following week that the dust may be asbestos," she told the commission.
She said her classroom and the infants area were cordoned off the day after the asbestos was found.
At a meeting on the same day, Ms Mullan who was the union representative at the school, said she raised the issue of what parents were to be told about the asbestos incident.
``I thought the parents had the right to know that their children were coming to school where asbestos had been found," she said.
The next morning the school's principal, Terry Westblade, allegedly reminded teachers at an executive meeting of their job descriptions.
``You have to be loyal to me and to the CEO (Catholic Education Office)," it is claimed he said.
The commission heard that Ms Mullan felt Mr Westblade was reprimanding her for asking the question about parents.
Ms Mullan said she'd been victimised because she had been a vocal chapter representative on very serious issues and this threatened Mr Westblade's leadership.
She claimed it came to a head in August 2001, when she was ordered off the grounds of the school where she had worked for 17 years.
The commission heard that Mr Westblade directed her off the property after she had refused to meet him on four occasions to discuss her behaviour during a staff meeting a few days before.
In his recent judgment dismissing Ms Mullan's application, Judge John Grayson said he was satisfied on the evidence that at the meeting with staff and Mr Westblade on August 2, 2001, Ms Mullan behaved in a ``confrontational, aggressive and intemperate manner towards Mr Westblade."
He said her behaviour as a professional teacher was ``unprofessional and inappropriate."
``Her public haranguing of Mr Westblade in the company of other members of the teaching staff of the school was a matter warranting the high level of concern it received," Judge Grayson said.
Judge Grayson said there was underlying dissatisfaction on Ms Mullan's part with Mr Westblade's leadership style.
He said he was satisfied and accepted that Mr Westblade's interaction with teaching staff at the school was ``open and frank, that it was well-intentioned, communicative and responsive to the needs of the school community and the staff".
Judge Grayson said, ``put simply, the applicant's hostility towards Mr Westblade on August 2, 2001, was unwarranted" and ``out of all proportion to any concern she may have had about Mr Westblade".
He said Mr Westblade's action in requesting Ms Mullan leave the workplace may be viewed as ``the act of a prudent employer seeking to provide some much needed breathing space and scope for quiet and sober reflection rather than as a punitive sanction against the applicant".
Welcoming the judgment, the CEO's director of schools Gregory Whitby said yesterday it was unfortunate the dispute could not have been resolved by reasonable mediation.
``This has been an unfortunate case which has taken a toll on all concerned. Many people had worked hard to resolve a dispute, which at the end of the day had hurt a number of people," he said. ``This is regrettable. In the end, the best interests of the school community have been served."
The Mercury was unable to contact Ms Mullan for comment.
© 2003 Illawarra Mercury