Friday, March 05, 2010

Appeal to Super Board

When I first applied to State Super for access to my superannuation it was with the following understanding. That I would never teach again because of my health. I understood I might be able to get work, possibly something that my health needs allowed me to do, like as a teacher’s aide, but that work will not pay the same as a teacher and the result will be that I will not be able to live as I am accustomed to from teaching.
I did not believe my health was, strictly speaking what was keeping me from finding a job. I believe it is government corruption. However, I have to recognize that my health is a grey area and that I must recognize the significant role that it will play in my not finding work, although I am looking. The reports into my health don’t carry that significant factor of government corruption. They highlight the grey area which suggest that my fitness is borderline, but these reports are not designed to detect the corruption aspect.
Normally, corruption being what it is, I would not be able to prove my case. It would merely devolve to ‘He said she said’ and nothing would be demonstrated. However, I can prove, publicly, that I have been the victim of ongoing harassment and corruption and so I can explain why I have been pushed out of the grey area and into the not able to work area due to health.

Part of my problem may appear to be psychological. A student I tried to help died through neglect caused by the fact that I had tried to help him while I was being abused. Hamidur Rahman was a student I only met a few times. I highlighted his allergy to peanuts as being something all staff at his school urgently needed to know. I was assured that all staff had been told. I was illegally sacked from the school following my advice. He died a year later when a staff member who did not know of his allergy ordered him to lick peanut butter from a spoon. I was not immediately aware of my connection with the student, as I was working at another school when it happened. The department of education told me that they would not correspond with me over the unfair dismissal .. or any other matter, and they told me, through a legal officer, that it was because of Hamidur’s death.
Previously there had been a cover up of a teacher who inappropriately touched female students and invaded their change rooms. The department of education had failed to adequately investigate that issue and had excused themselves saying that the students decided they did not want to pursue the matter after both they and the teacher had left school.
At Canley Vale High school I was being harassed. In 2002 I was referred to Health Quest to see if I was fit to teach. Health Quest offered me immediate medical retirement which I declined as I had been assured the harassment would stop. In 2006, an HSC Mathematics (2 unit) class lost marks from their trial exams for no other reason than that I was there teacher. A year 7 girl was verbally assaulted by an abuser of mine for no other reason than that she had been in my class. That girl left the school and entered a private girls school the next year. It was clear to me that my students were being persecuted for being in my class, and I approached the Minister of Education (then Della Bosca, after the 07 election campaign, as I’d hoped the conservatives would win). I asked for my issue to be examined by the Minister to end the harassment. I was called by an investigative unit officer and asked a few yes or no questions about my initial complaint. I was later told that the minister would ignore the complaint. I had promised I would resign and talk to the press if my complaint was ignored. So I resigned on 16th July 07 and gave as my reason that I didn’t want to be harassed any more.
I had intended to make my report to the press and align it with a legal challenge. I went to centerlink to report what had happened and intended to sue for unfair dismissal through industrial relations court. However, I had to prove I was not a deportable illegal alien first and that took eight months and timed me out of IR court. Meanwhile, I had given Mr Della Bosca a second opportunity to revue matters. Mr Della Bosca did nothing, but waited until I was timed out of IR court before replying that he would do nothing, threatening me in the process. I believe it was my local state member Tripodi who negotiated with the press to not report on my issue. Tripodi’s office had asked who I was negotiating with and I had told his secretary, thinking that if he interfered the press would crucify him.
I attempted to find work while the press were not reporting on my story. I was seeking casual work so as to be independent and not subject to the teacher’s code of conduct that I believe had been written in ’04 by a former friend of mine so as to target me. I founbd block work at Miller HS in ’08 and worked there for half a year. I had intended to rehabilitate my reputation. Instead I got smeared three times at the end of the half year. Although I worked hard, came to work early and was always prepared and helped the staff significantly on various projects, Miller kept telling me I was below par. They hinted at my being unable to control their classes because of my weight although they made no specific allegation and they have not hired me since. I was not getting casual work as I expected. I was aware of others who were being hired. I was aware of a former abuser who was made Principal at Fairvale HS who was stopping me from getting work. A friend who was HT Math at Fairvale managed to get me work for half a year in ’09 as a teacher’s aide. But the Principal made sure I wasn’t paid my entitlements and hired another to do my work in ’10. I am employed a few hours a week in tutoring in ’10. I have applied for over a hundred Math positions, both permanent and block, both public and private and have never made interview. I have applied for all local ( and some distant) schools for casual work and have not had any in ’09 and ’10.
At the end of ’08 I got Marie Ficarra to ask the NSW Legislative Council (Senate) some questions of my issue and got the following reply (available on Hansard)
Update Item number 2292
Questions by Marie Ficarra MLC of the NSW govt.
1) Does the former Minister for Education Mr John Della Bosca acknowledge that on the 6th of April 2007, he received a letter from a former teacher of Hurlestone Agricultural High School regarding possible negligence in the death of Hamidur Rahman?

2) Can Mr Della Bosca affirm to this house that this allegation was duly investigated given the gravity of the case?

3) What steps has the Department of Education taken in liasing with Mr David Daniel Ball and his concerns for the Rahman family.
In reply, the following
I am advised that the Department of Education and Training has no record of a letter from a former teacher of Hurlstone Agricultural High School to Minister Della Bosca dated 6 April 2007 relating to this matter, but that an unsigned, undated message to Minister Della Bosca from a former teacher of Canley Vale High School, who also worked after school hours as a supervisor or tutor in the boarding school at Hurlstone Agricultural High School in 2001, was received by Minister Della Bosca, apparently some time in April 2007.
The Department has assumed that this is the teacher referred to in the Member's question. Two phone calls to the Member's office to verify this assumption were not returned.
I am also advised that Minister Della Bosca received a second copy of the letter as one of a number of documents sent by that teacher's local Member, who made representations to the Minister on his behalf. Allegations relating to possible negligence by staff at Hurlstone Agricultural High School were contained in the message, in addition to a range of other matters. The former teacher alleged that the school should have held, but did not hold, information about an unidentified student's allergies.
The tragic death by anaphylaxis of a student of Hurlstone Agricultural High School in March 2002 was the subject of a Coronial Inquiry conducted by Senior Deputy State Coroner Milledge. She delivered her findings on 9 September 2005. The recommendations of the Coronial Inquiry have been closely examined by the Department of Education and Training, NSW Health, non-government schools and other organisations as part of a Coronial Taskforce chaired by the Chief Health Officer. As a consequence, many changes to the management of food allergies were introduced from 2006 onwards and have become a standard part of Departmental policy and practice.
I am advised that the letter from the former teacher in April 2007 was provided 18 months after the conclusion of the inquest. The information appears not to relate to the boy who died, as it describes an event that occurred in the dining hall of the boarding house in 2001. That is, it appears to relate to a boarding student, while the boy who died was a day student.
I am advised that an extensive phone interview was conducted with the former teacher by a Chief Investigator of the Department's Employment Performance and Conduct Directorate on 19 April 2007. On being interviewed about the allegation by the Department, the former teacher indicated he did not know whether it was the same student.
The Department's legal advisers have formed the view that the information provided by the former teacher appears to be of little relevance to the matters determined by the Coroner.
I am advised that a Chief Investigator of the Department's Employment Performance and Conduct Directorate conducted an extensive phone interview with the former teacher on 19 April 2007, and that Minister Della Bosca later responded to representations by the former teacher's local Member, providing details of a contact officer should the former teacher wish to discuss matters further.
I am advised that the knowledge by staff at the school of the former student's allergy to peanuts was a matter extensively examined by the Coronial Inquiry. The findings of the Senior Deputy State Coroner were published on 9 September 2005.
It is important to note that the reply admits the substance of my allegation that the department had been warned about the allergy and had done nothing despite the assurances I had been given. Also the admission of the threat that had been made in referring me to an abuser, passed off as just a departmental officer. The same officer who has been (I believe) illegally keeping me from work.

At the end of ’09 I again appealed to the Department of Education regarding my employment. At this time I was being paid as a casual teacher’s aide when I was working full time. The result was I could not even pay my mortgage while I was working. I was earning less than $30k per annum without work conditions of super, sick leave or holiday pay. My appeal was heard by the director general of Education who replied (through delegation)
I refer to your email correspondence dated 27 November 2009 and 11 December 2009 to the Michael Coutts- Trotter, Director- General for Education and Training regarding your complaint that you have been blacklisted by the School Education Director for Fairfield and the Principal of Fairvale HS which you claim has prevented you from gaining employment as a secondary Mathematics teacher. The Director-General has asked me to reply on his behalf

I have found no evidence that Mr James Coleborne, School Education Director, Fairfield and Ms Kathleen Seto, Principal, Fairvale High School have never made any statements nor taken any actions that have prevented you from gaining employment as a teacher of Mathematics. There is also no evidence that you have been “blacklisted” in this way. It is understood that you have been issued with a casual teacher number and can be employed anywhere as a casual teacher in NSW.

In regard to the matter of you being employed only as a teacher’s aide at Fairvale High School, I understand that this position for a teacher’s aide Numeracy (casual) was advertised in the Sydney Morning Herald in January 2009 and you did not apply for this position when it was advertised. The applicant who was successful in gaining this position worked for a period of time during the first half of the year and then took leave for personal reasons. The Head Teacher Mathematics approached the Principal to fill the position with a casual and he suggested that you may be suitable. I understand that you commenced duties on 1 June 2009 and completed an application for relief employment. Further, you were advised by the Head Teacher that the position was until the end of the term (10 July 2009) and during term 3 you were again engaged as it appeared that the original teacher’s aide would not be returning to the position. This position is not a permanent one within the school as it was created under temporary project funding called ‘Priority Action Schools’, which is a tied fund.

As you would be aware, schools in all regions have opportunities to select teachers for permanent appointment through the Permanent Employment Program. Teachers, such as yourself, who are not currently in a permanent teaching position in a New South Wales public school are eligible to apply for the 300 positions which are advertised each year under this program on the Department’s website at www.jobs.det.nsw.edu.au. In this context, I would encourage you to consider applying for those positions and any other suitable vacancies advertised in the weekend press.

In regard to the range of issues you have raised in your correspondence, I am unable to respond in detail due to privacy requirements. However, I am advised that these matters have been considered previously by the Department’s Employee Performance and Conduct Unit, or referred to the Department’s Legal Services Directorate, or handled as grievances at the school level according to the Department’s Responding to Complaints, Suggestions and Allegations Procedures, and as such are considered to be concluded.

I am unaware of any impediments to you being employed as a teacher of Mathematics. I would encourage you to seek employment widely within the NSW public education system to maximize your opportunities to secure employment.

Yours sincerely
Note the abrogation of responsibility, the claims of ‘no evidence’ and the sidestepping of responsibility on old unexamined issues. The misrepresenting of my complaint regarding conditions.

If you feel you need to know I am happy to provide you with details that allowed me to link these issues with the premier’s office. A few years ago I felt justified in believing that my knowledge of the issues opened me to the threat of murder by my abusers until I approached the police and other public authorities and spoke about what had happened. I can also explain how I have been smeared and how I have dealt with that.

In summary, as the reports show, I am very fat and not very fit. My fatness has meant that it is difficult to maneuver in a classroom. Although, under other circumstances, that might not be sufficient to keep me from working, I have been abused over a substantial part of my career and I have been made aware of students who have been abused for no other reason than for my abusers to target me. I know of at least one student who has died from neglect directly attributable to people who abused me as part of their abuse. I have clean hands and may talk on the issue, but I have not been able to get the issue reported on, and I believe that that is due to political interference. I cannot now walk into a classroom without thinking about protecting myself from abuse when I need to have my attention on teaching. Through no fault of my own, a student has died and I cannot forget that. There will be no easy way of rehabilitating, but I need to access funds somehow for me to be able to do that. I applied for the fund I have applied for by mistake .. I had thought it was the more substantial fund of SASS. That being the case, I find myself locked into this appeal as I have been warned by my home lender that I have a few days to make arrears or vacate my home.

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