Australia, July 25 -- New South Wales Land and Environment Court issued text of the following judgement on June 25:

1. On or around 22 July 2016, Rainnie Carter commenced employment with the Government of New South Wales in the service of the Crown as a member of the Teaching Service of New South Wales pursuant to s 44 of the Teaching Service Act 1980 (NSW).

2. On 17 July 2024, Ms Carter was medically retired from the Teaching Service by Catherine Brennan, the delegate of the Respondent, the Secretary, Department of Education ("Dismissal"). [1]

3. On 5 August 2024, Ms Carter filed an application for relief in relation to unfair dismissal pursuant to s 84 of the Industrial Relations Act 1996 (NSW) ("IR Act") ("Application"). Ms Carter says that her medical incapacity is not permanent and the Respondent has acted unfairly and in breach of workers compensation legislation and its own Medical Retirement Guidelines ("Guidelines") in medically retiring her, and seeks reinstatement.

4. For the reasons which follow, I have decided to dismiss the Application.

Procedural matters and material relied on by the parties

5. The matter was conciliated unsuccessfully by me on 20 August 2024, and 11 and 19 September 2024, and the arbitration hearing took place before me on 25 and 26 March 2025.

6. At the arbitration, Ms Carter relied on:

1) the following evidence:

a) a statement made by her on 24 December 2024 ("Exh A1");

b) a statement in reply made by her on 20 February 2025 ("Exh A2"); and

c) a letter from Allianz Insurance Limited to her dated 10 May 2025 ("Exh A3"); and

2) an outline of submissions filed at the hearing on 26 March 2025 ("AOS").

7. At the arbitration, the Respondent relied on:

1) the following evidence:

a) a statement of Ms Brennan made 12 February 2025 ("Exh R1");

b) a statement of Leah Anderson made 10 March 2025 ("Exh R2"); and

c) a statement of Joanne Frearson made 13 February 2025 ("Exh R3"); and

2) an outline of submissions filed on 13 February 2025 ("ROS").

8. Each of the witnesses were cross-examined.

Background

9. On 4 September 2017, while working at Cammeraygal High School ("Substantive School") as a full-time Technological and Applied Studies ("TAS") teacher ("Substantive Role"), Ms Carter notified a workplace injury arising out of "workplace bullying". The deemed date of the injury being 17 July 2017, approximately one year after Ms Carter commenced her employment. [2]

10. Ms Carter's evidence is that she was off work due to her workplace injury from 7 November 2017 to 4 December 2017. Ms Carter says she returned to full duties at Cammeraygal High School in the Second Semester of 2018. Ms Carter asserts that the return to work was unsuccessful as the pattern of bullying continued, and since the second semester of 2018, she has been certified as unable to work at her Substantive School due to an injury arising from bullying: Exh A1 at par 4. [3]

*Rest of the document can be viewed at: (https://www.caselaw.nsw.gov.au/decision/1979f0bc22776adfe5825e1d)

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