Zechner v Department of School Education

The case of Zechner v Department of School Education involved a teacher, Mrs. Zechner, who was employed by the Department at Smith's Hill High School, and later transferred to Kiama High School. Mrs. Zechner was dismissed from her employment after being charged with breaches of discipline and inefficiency in the discharge of her duties. She applied for review of the decision to dismiss her under s 170EA of the Teaching Services Act 1980. The Judicial Registrar held that the dismissal was not for a valid reason, but the primary judge later set aside the orders of the Judicial Registrar and dismissed Mrs. Zechner's application for review. The central issue in the case was whether the Department had a valid reason for terminating Mrs. Zechner's employment.

The primary judge considered that additional evidence had been presented at the review which cast "new light on the issues". The primary judge identified the central issue as being whether the Department had a valid reason for terminating Mrs. Zechner's employment connected with her conduct or performance, and more specifically, whether there was a reason for terminating her employment because of her lack of competence as a teacher. The primary judge also noted the requirement of procedural fairness embodied in s 170DC of the Act. Accordingly, the inquiry was to be limited to the matters particularised in the notice of charge and suspension of 18 April 1994.

In the end, the primary judge set aside the orders of the Judicial Registrar and dismissed Mrs. Zechner's application for review. The primary judge held that the Department had a valid reason for terminating Mrs. Zechner's employment because of her lack of competence as a teacher. The primary judge found that Mrs. Zechner had not been given adequate support to improve her performance, and that the Department had followed the correct procedures in terminating her employment. The appeal was dismissed with no order as to costs.