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ARTICLE · 29 NOVEMBER 2018

Teacher reinstated following accidental allergic reaction

Cooper Grace Ward
Cooper Grace Ward
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Cooper Grace Ward

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Schools should keep detailed notes to ensure that essential information about any student is communicated to all staff.

AustraliaConsumer Protection
Annie Smeaton
Annie Smeaton
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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.

Facts

Ms Kelly, a teacher at the school, had some time off due to illness. When she returned to work, Ms Kelly job shared with the teacher who had been covering for her, a Ms Romaldi. Ms Kelly and Ms Romaldi had a planning meeting during which they discussed 'handover issues'.

Subsequently, a student in Ms Kelly's class, who was known to have a number of allergies, had a birthday. Ms Kelly gave the student a chocolate bar, as it was customary for students to have a treat on their birthday. Ms Kelly examined the chocolate bar and believed the ingredients met the requirements specified by the student's parents. The student ate the chocolate bar and suffered a mild allergic reaction.

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