03/18/2002 "Gay teacher gets $10,000"

Gay teacher gets $10,000
- By KIM MACDONALD (Sunday Times)

A gay teacher in Perth has won an unfair dismissal case against elite private girls school Penrhos College.

The Industrial Relations Commission found the dismissal of former head of physical education Beverley Smith was "harsh, oppressive and unfair" and awarded her $10,000.

In the past two years, three former Penrhos upper school staff have claimed unfair dismissal - one settled out of court - and 38 have left.

The College Council launched an inquiry into the school's management and human resources in 2001 after receiving several complaints. Results are due this week.

Ms Smith was sacked in July 2000 by principal Graham Rixon, who is also president of the Association of Independent Schools WA, for allegedly twice breaching duty of care.

She once shouted at two students in class and on another occasion left two Year 9 students unattended at Challenge Stadium after an after-school swimming carnival.

Ms Smith, now at Sevenoaks College, admitted to the shouting incident, but told the court she left the students at the stadium only after they told of arrangements for their parents to collect them.

A psychologist's report said Ms Smith believed Mr Rixon began harassing her after finding out she was a lesbian from media reports about a property dispute with a former partner.

The psychologist's report, which was read to the commission, said Mr Rixon's alleged remarks showed an "immature, uninformed attitude to homosexuality, after Bev's sexual orientation became known via
unwanted publicity".

The report said Ms Smith claimed he had remarked on her personal appearance, called her "a bad image" and said she did not smile enough. Despite the commission's ruling, Mr Rixon maintained Ms Smith had
neglected her duty of care, prompting several complaints from parents. He denied he had harassed her for being a lesbian, claiming the school had been supportive during the legal wrangle.

"I made a judgment of duty of care for the students based on, in my judgment, two cases of severe misconduct by a senior member of staff, and all those other matters didn't enter into it at all," he said. He would not respond to questions about the unfair dismissal cases or staff departures.

The College Council released a statement saying: "At all times, Penrhos had as its first priority the welfare of the students and it took action which it considered appropriate and in the best interests of
the students, parents and staff."

Commissioner Stephen Kenner said Ms Smith had behaved inappropriately by shouting at students, and had shown an error of judgment in leaving students at the stadium.

"I have no doubt that Mr Rixon was under some pressure from the respondent's council to remove the applicant from its teaching staff, and to that extent Mr Rixon was in an invidious position," he said. "However, such a situation does not absolve the respondent from, in all circumstances, treating an employee fairly.

"Even having regard to the prior parent complaints, taken as a whole, I consider that the incidents probably warranted a severe reprimand, but not the ultimate sanction of termination of employment."

Another Uniting Church school - Methodist Ladies College - recently dumped principal Christine Jenkins after 13 staff members left or resigned last year.