Court awards former teacher $1.2 Million over ‘unruly’ students

Court awards former teacher $1.2 Million over ‘unruly’ students

Disclaimer: This article is intended to provide a summary and general overview only. It is not intended to be, nor does it constitute, legal advice. You should seek legal advice from a lawyer (whether barrister or solicitor) working in the area of education law and/or human rights law before acting or relying on any of its content.

On 5 September 2014 the Victorian Supreme Court awarded over $1.2 million in damages to a former high school teacher who developed chronic depression after teaching badly behaved students and children with disabilities for years without proper support or training. In coming to his decision, Justice Timothy Ginnane said that schools owe a duty of care to their teachers which, in some cases, extends to preventing the teacher from developing a psychiatric injury. The school had breached its duty in this case by failing to reduce the teacher’s workload or monitor or support him at work, despite him making his concerns known to the school early on in his employment.

"They knew his mental health was deteriorating and they did absolutely nothing for him. They just left him there to sink and he did and he has had to wear the appalling cost of that for 10 years now”, Justice Ginnane said.

Posted by Sebastian De Brennan, Barrister,

© 2017 Sebastian De Brennan. Barrister at Law