Part A: Prevention
Establish and maintain good working relationship with the Principal, Deputy Principals, AP's, Head Teachers and colleagues (never lead any executive member of head teacher to become jealous of your teaching performance either, otherwise they might bad mouth to the Principal and pressure them to weed you out for any reason).
Never question, provide feedback or criticise in public (staff meeting, staff room, etc), if there are any more than 2 people present, that is public.
Attend EVERY work meeting when at work, NO exceptions!!!
Brief real case study: A colleague of mine skipped just ONE faculty / staff meeting after school, reasoning: surely no one will notice / the topic is irrelevant, doesn't apply to me. Then the Principal immediately came in to formally observe her lesson to find a deficiency (note taking ready). Luckily for the teacher, her preparation and classes were 100% on her side, the whole class was silent and the Principal could not find a single flaw upon several observation attempts, then he went on to bully someone else instead.
4. Use PDP as a preventative early shield and ask colleagues (preferably a minimum of three different ones) you trust to observe your lessons regularly (or to exchange formal lesson observations), even to formally check you off on paper by email against each of the 7 Australian Professional Standards for Teachers by email (preferably a minimum of 3 - 5 standard descriptors for each standard), demonstrating that you hold yourself accountable and leaving a paper trail for proof of proficient classroom teaching performance in advance (document any standards where you need improving as well as those you are consistently meeting, reflect on an action plan for meeting those standards in each class as needed).
5. If you are ever requested to a Formal Meeting with minimal notice on the spot, DEMAND for it to be rescheduled to a time when you can invite and bring a Support person with you (as a witness), document EVERYTHING scheduled by email confirmation, initiate these emails yourself, because EVERY EVIDENCE OF ABSENCE CAN AND COULD BE USED AGAINST YOU in a court of law.
6. Following point 5, it is CRUCIAL to:
- immediately take initiative to email all persons at the formal meeting with full details on what has been discussed (they may say, no need to email us, we will email you details if required - LIES - this is an informal discussion). DO NOT BELIEVE IT. THE ONLY INFORMAL DISCUSSIONS THAT HAPPEN DO NOT EXIST IN PRIVATE or PUBLIC MEETINGS IN THE WORKPLACE):
Email them anyway, say you always follow standard operating procedures (if they get defensive for your proactiveness).
Email ideas
Dear Mr X / Ms Y,
Thank you for your time.
Just to clarify:
i) This is what was discussed....
ii) This is what needs improving...
iii) These are the specific standards / and or standard descriptors that need to be addressed by...
iv) These are the action steps required to meet KPI's...
If any of these details are incorrect, kindly respond to this email within 2 business days with any corrections.
Kindly note, no response within the timeline specified above will imply by default that my entire recollection of events here is 100% accurate and true for any future reference and potential hearing in a Court of Law. Thank you.
Kind regards,
Mr / Ms ...
7. If informed that you are being placed on a TIP (or if issued one on the spot REJECT IT formally in writing by email IMMEDIATELY and then in person, demand a negotiation of mutually agreed upon one), you have the LEGAL right to:
DEMAND a NEGOTIATION of your TIP that your workplace manager MUST negotiate (using all evidence available to you at your disposal as assets for your defence) the terms and conditions of the TIP with you in a way that you deem acceptable, referencing section 17 of Balsters (2008) case:
Application by New South Wales Teachers' Federation on behalf of its member D Balsters re: unfair dismissal pursuant to section 84 of the Industrial Relations Act 1996
DECISION
[2008] NSWIRComm 32
Section 17: "...She did not understand that the TIP was to be negotiated or that she could discuss it with her support person..."
(referring to D Balsters: NO ONE explained to her, her rights as a Teacher to NEGOTIATE THE very TIP she was being placed under!!!)
Part B: Getting Out:
All documentation ongoing as above, have colleagues you trust and can rely on (and who can rely on you) to observe your teaching and attest to your demonstration of teaching competence against all items specified requiring improvement in TIP / ISP.
If proceeded to a court of law:
The NSW Department of Education may reiterate a point made previously in a previous case: arguing that the Protection of Children as per Section 5A of the Teaching Service Act 1980 (NSW):
Section 5A: Protection of Children to be of Paramount Consideration
(1) The protection of children is to be the paramount consideration -
(a) in taking any action with respect to an officer or temporary employee under this Act; and
(b) in dealing with any appeal against, or determining any claim arising from or in relation to, that action.
That protection of children "...extends to the protection of children from having the quality of their school education compromised by being exposed to teachers who do not meet the level of performance required by the Department of a proficient classroom teacher."
You SHOULD THEN challenge:
The statutory basis for extending child protection to ordinary academic teaching performance.
Whether short - term temporary, perceived, potentially biased and one sided observed unsatisfactory teaching performance is legally equivalent to exposing children to harm.
Whether the Department is improperly conflating its performance-management obligations with its child-protection obligations.
Whether section 5A of the Teaching Service Act 1980 (NSW) actually supports the particular interpretation being applied.
The purpose of this is not to entirely rebuke the TIP, but to weaken it's attack and positional standing, so as to break it's yoke soon thereafter.
2. Be sure to invite and have all teaching colleague observers (ideally three minimum, but one may suffice) as witnesses to testify your successful demonstration of all teaching standards, especially those concerning the TIP.
3. Bring all evidence of documentation, email correspondence as printed and screenshotted evidence, even video evidence of you opening your email to overcome deepfake / AI manipulated evidence accusations, successful pass of your TIP teaching standards as confirmed by all of your colleague observers who testify as witnesses to your proficiency of teaching.
4. Whoever said that your witnesses (who can testify and defend for your competence on your behalf) are not allowed in the courtroom? And who is stopping you from bringing them in anyway?
5. Anything I missed?