| Summary |
BREACH OF CONTRACT - UNJUSTIFIED DISADVANTAGE - Applicant claimed respondent failed to take reasonable steps to prevent work injury - Applicant claimed suffered unjustified disadvantage in relation to respondent putting her at risk of workplace injuries, subjecting her to bullying, and failing to adequately address bullying allegations - Applicant argued same matters also amounted to breaches of respondent’s implied and express contractual obligations, failures to meet obligations as good employer under State Sector Act 1988, and breaches of good faith - Applicant began to suffer chronic headaches and pain in shoulders, neck and back as result of student pulling her hair - Student removed from applicant’s class and applicant received physiotherapy and medication - Two years later student returned to applicant’s class as respondent had nowhere else to place him - Student again pulled applicant’s hair and applicant again suffered headaches and had to take time off work - Applicant returned to full time work with different class of students - Applicant claimed Team Leader (“L”) began to display dismissive and disbelieving attitude towards applicant’s health problems - Issues arose between applicant and trainee teacher assisting applicant - Applicant felt L sided with trainee rather than applicant - Applicant raised bullying complaint with respondent - Respondent placed applicant with new team leader and called independent inquiry into bullying allegations - Inquiry found very little evidence of bullying but made number of recommendations including respondent provide training in workplace safety and bullying and develop policy around bullying - Applicant provided written response to report - Respondent informed applicant accepted inquiry’s findings and would be implementing recommendations - Applicant’s symptoms seriously aggravated by incident with another student - Applicant requested year’s leave and did not return to work - Authority satisfied nature and extent of harm to applicant not foreseeable - Found respondent took all reasonably practicable steps to make workplace safe for applicant - Authority did not accept was anything more required of good employer, acting in good faith - Found respondent acted on complaint, investigated it in fair and reasonable manner, advised applicant of outcome and implemented reports recommendations - Found independent inquiry properly conducted, conclusions reasonable and recommendations appropriate and constructive - Found respondent met all obligations in respect of bullying allegation - Found applicant not unjustifiably disadvantaged - Found no breach of contract or breach of good faith - Special Needs Teacher |