Seven of the 13 women who have been progressing the rights of casual women teachers (clockwise from left): Marian Platt, Jenny Drury, Joyce Amery, Karen Mors, Denise McHugh, Magan Pursche and Margaret Douglas when they attended Federation Council in 2001.

Casual teacher court victory

By Maree O’Halloran

The NSW Court of Appeal has found in favour of 13 women casual school teachers who have been discriminated against by the NSW Department of Education and Training.

Supported by the NSW Teachers Federation, the women first lodged their complaint with the Anti- Discrimination Board in 1996.

Their complaint was that the Department made permanency a pre-condition to earning the maximum classroom teacher salary. The women were employed as "casual" teachers yet performed the same work as permanent teachers. The fact that the women were labelled as "casuals" meant that they earned up to $10,000 less per annum than their permanent colleagues. The women argued that this situation was indirect discrimination under the NSW Anti-Discrimination Act because it is harder for women to achieve permanency in the NSW Department than for men.

The State Government fought this case at every turn despite its own policy that workers should be paid equal pay for work of similar value.

However, nine years down the track, the NSW Court of Appeal reinstated the orders of the Administrative Appeals Tribunal granting damages to each of the women, with interest.

The only avenue left open to Department of Education and Training now is an appeal to the High Court. It remains to be seen whether DET will proceed, although a spokesperson for Minister Refshauge said: "the Government was prepared to take the case to the High Court." (Sydney Morning Herald, November 16). Federation congratulates all the women involved in the case and thanks them for their brave stance. There are many more teachers in similar circumstances who may benefit from this case.

Maree O'Halloran is the President.

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