School teacher fights for job in court battle with principal

A teacher at Sydney's Malek Fahd Islamic School has taken the school and its principal to court, claiming he launched disciplinary proceedings against her after she raised concerns about security at the school in the wake of the Christchurch mosque massacre.

Inass Khoder, who has been a primary school teacher at the Greenacre school for 23 years, launched urgent legal action last month in the Federal Circuit Court, seeking an order temporarily restraining the school and principal Bruce Rixon from terminating her employment.

The order became unnecessary after the school agreed not to sack Ms Khoder, who was suspended on April 23, without giving her two business days' notice.

But Ms Khoder is pursuing her case and is seeking a permanent order restraining the school and Mr Rixon from sacking her in connection with a disciplinary process that was launched against her in May, shortly after she made inquiries about security measures following the March 15 Christchurch shootings.

The terrorist attack on two Christchurch mosques had taken place four days earlier.

Ms Khoder alleges the school and Mr Rixon contravened the Fair Work Act by taking "adverse action" against her for exercising a workplace right "to complain about, and make inquiries relating to, work health and safety and security", and because she was a representative of the Independent Education Union.

She wants the court to order both parties to pay a pecuniary penalty that would be remitted to her.

A spokesperson for the school told the Herald: "Malek Fahd Islamic School and principal Bruce Rixon are not able to make any comment on matters before court and will vigorously defend any claims brought before the Federal Circuit Court."

In court documents, Ms Khoder alleges she raised concerns at a March 19 staff meeting about "the safety of herself, staff and students" and "the absence of sufficient security".

On April 23 Ms Khoder was suspended. In a May 20 letter Mr Rixon told Ms Khoder the school had "recently become aware of allegations of serious misconduct concerning you" and invited her to respond.

Among the 13 allegations in the letter, seven of which were subsequently withdrawn, was the claim Ms Khoder had engaged in "inappropriate, unprofessional and impudent behaviour" towards Mr Rixon by "publicly and openly" criticising him about security.

The letter said the allegation, if susbstantiated, amounted to "serious misconduct" that was inconsistent with her continued employment.

On August 30, Mr Rixon wrote again to Ms Khoder and said he was considering terminating her employment following an independent investigation which found five allegations relating to her dealings with staff, parents and a student were wholly or partly proven, including an allegation relating to her questioning of a female student about her clothing.

The letter did not refer to Ms Khoder's security complaints.

Mr Rixon set a deadline of September 5 to respond and "show cause" why her employment should not be terminated. She launched legal action on November 19. The school has yet to file a response in court.

The parties are expected to return to court in January.