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Stephanie Gooch, who taught music at Evans High School in Blacktown for seven years, has lost an unfair dismissal case against the NSW Department of Education, the Sydney Morning Herald reported.
The case was lodged with the Industrial Relations Commission (IRC) following the forced resignation of Gooch in 2012 after a long period of tension between her and the school’s principal, Kay Smith.
Gooch claimed she was subjected to harassment by successive principals at the school, however she said this was nothing compared to the behaviour of Smith.
In May 2012, less than a month before Gooch resigned, it was alleged that she told a staff member: “the previous principal was a big f***ing dyke who I hated as well, but nowhere near as much as [I hate] Kay”.
The court heard that Gooch had become very upset over the appointment of the school’s new head of creative and performing arts, Kyle Williams, who succeeded her friend, Michael Dempsey.
According to Williams, Gooch refused to shake his hand upon their meeting and, when introducing himself to her in the staff room, was told: “I know who you are. You’re the person that's basically here to kick me out of my job, but don't worry, I've been there for eight years.”
Gooch later told the deputy principal that Williams’ appointment had been designed “to get rid of” her, allegedly adding: “I'm going to be the biggest pain in the arse possible for Kay for the rest of the year and only do the minimum required of me”.
It was alleged she then told Williams that Smith was “nothing but a maggot in the ground who needs to be stomped on”, adding: “this bitch is going to be sorry that she ever decided to take me on as I can't wait to throw her in front of a magistrate”.
In her defence, Gooch agreed she had probably called Smith a “maggot” but denied having said she would only do the minimum and said she had only refused to shake Williams’ hand because of her arthritis.
The court heard that this was just one of several points of tension between Gooch and Smith that year.
Gooch complained that her forced resignation was “unjust, harsh and unreasonable”, acknowledging that while she was remorseful and that her behaviour was inappropriate, it did not constitute serious misconduct and justify her dismissal.
In a personal statement to the court, Gooch said her personality type did not allow her to walk past a conflict without trying to solve it.
“On occasion, I have found myself in conflict with someone. This has always been born out of my attempts to provide the students with the best possible learning opportunities,” she said.
However, IRC commissioner, Inaam Tabbaa, found that the dismissal of Gooch was neither harsh nor unreasonable, and rejected that her behaviour was a result of depression on the medical evidence provided.
“While her dedication to the students is commendable, her focus on the students has led to behaviour which displays neither respect for the boundaries of her own employment, nor for the rights of the principal or fellow teachers in regard to their own boundaries,” Tabbaa found.