Termination of employment – valid reason – s.394 Fair Work Act 2009 – applicant commenced employment as the Assistant to the Director of Studies which also encompassed a senior mathematics teaching role – in 2003 the applicant’s position was extended to include all aspects of timetabling, the academic database and the administrative tasks previously overseen by the Director of Studies – extended role became known as Academic Administrator (AA) – in 2013 the applicant became ill and was diagnosed with depression and anxiety, she finished the school year two days early due to her health – in December 2013 she had already applied for, and was granted, long service leave for the first term of the 2014 academic year – letter of termination did not cite reason for dismissal – loss of trust and confidence – extensive evidence led regarding applicants dispute with respondent about additional responsibility of AA role being removed from her duties – evidence led relating to return to work plan and allegations of conflict with colleagues – Selvachandran, Australian Meat Holdings P/L and McVinish considered – Commission found no valid reason for dismissal – reinstatement inappropriate – compensation appropriate – further hearing to be held regarding criteria for compensation. Anders v The Hutchins School.
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