Whether a school should be held vicariously liable for the actions of a staff member is ultimately a question of fact to be dealt with on a case by case ...
Whether a school should be held vicariously liable for the actions of a staff member is ultimately a question of fact to be dealt with on a case by case basis.
It is increasingly common for separated parents to obtain Protection Orders against a former spouse. Those Orders often contain stringent obligations, including restrictions on attending their child’s school.
So, you’ve been asked to volunteer as a member of a not-for-profit school board. You’re probably asking yourself: what responsibilities come with the role?
In the recent decision of Emma Horan v Dubbo Early Learning Centre [2019] FWC 3249, the Fair Work Commission highlighted the need for employers in schools and early learning to undertake proper investigations following the sacking of a teacher who was falsely accused of mistreating a child.
Uncertainty surrounding physical contact with students has resulted in what can be described as a ‘hands off’ culture in many schools, with teachers and other staff afraid to make any physical contact with students.
In Patel v University of Queensland [2019] QCAT 108 a student from the University of Queensland was diagnosed with bipolar 1, social anxiety disorder and panic disorder at the beginning of 2013, that, he alleged, significantly impacted his academic performance in 2012 and 2013.
In Lorraine Roche v Trustees of the Roman Catholic Church for the Diocese of Wagga Wagga [2018] FWC 3933, a diocese was ordered to reinstate a school officer, Ms Roche, after she was dismissed following a heated argument with a colleague who was known to be ‘predictably volatile’.
A recent decision of the Fair Work Commission in Mr Joshua Brewer v St Columba College Munno Para Inc T/A St Columba College [2018] FWC 7620, provides some interesting commentary for schools about a teacher’s conduct outside of school hours and when such conduct may be a valid reason for
A recent decision of the New South Wales Industrial Relations Commission in Colefax v Secretary, Department of Education [2018] NSWIRComm 1033, provides fascinating insight for schools about the Commission’s view concerning the inherent requirements of the role of teacher and when adjustments are no longer reasonable.
The recent anniversary of the commencement of the Privacy Amendment (Notifiable Data Breaches) Act 2017 (Cth) provides a timely reminder to schools and other private educational institutions to review their compliance with the Privacy Act 1988 (Cth) and the Australian Privacy Principles.
In Catherine Kelly v The Hills Christian Community School [2018] FWC 4134, the Fair Work Commission awarded a rare reinstatement of a dismissed teacher and provided a useful reminder of the importance of comprehensive handover notes.
In a timely reminder of the impact of student violence in the education sector and its very real cost to staff and educational institutions, the ACT Education Directorate has recently entered into a record undertaking with Worksafe ACT in relation to injuries suffered by staff.
Cooper Grace Ward acknowledges and pays respect to the past, present and future Traditional Custodians and Elders of this nation and the continuation of cultural, spiritual and educational practices of Aboriginal and Torres Strait Islander peoples.
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