Form 1 To be inserted by Court Case Number: 0 - CIV - 23 - 008215 Date Filed: ( a / 1 1 / 2 3 FDN: SCSA CLAIM SUPREME COURT OF SOUTH AUSTRALIA CIVIL JURISDICTION Please specify the Full Name including capacity (eg Administrator, Liquidator, Trustee) and Litigation Guardian Name (if applicable) for each party. Each party should include a party number if more than one party of the same type. Frank Green First Applicant Blair Boyer, Minister for Education, Training and Skills First Respondent Department for Education of South Australia Second Respondent Amount Claimed: If applicable Amount Claimed 750,000.00 Court Fee on Filing 2,702.00 Service Fee(Sheriff service only) EA EA EA GA GA Solicitor's Fee (Magistrates Court only) TOTAL CLAIMED Any other relief Claimed: If any Applicant Mr Frank Green Full Name (including Also Known as, capacity (eg Administrator, Liquidator, Trustee) and Litigation Guardian Name (if applicable)) Name of law firm / solicitor Ocular Lega Rick Vickers If any Law Firm Solicitor Address for service 182 Evergreen Terrace Street Address (including unit or level number and name of property if required) Adelaide SA 5000 Australia City/town/suburb State Postcode Country olegal3@gmail.com Email address Phone Details 8302 0830 Type - Number Duplicate panel if multiple ApplicantsForm 1 Respondent : Blair Boyer, Minister for Education, Training and Skills Full Name {including Also Known as, capacity (eg Administrator, Liquidator, Trustee) and Litigation Guardian Name (if applicable)) Address 3/530 Collins Street Street Address {including unit or level number and name of property if required) North Adelaide SA 5007 Australia Cityftown/suburb State Postcode Country Minister.Boyer@sa.gov.au Email address Phone Details 8291 8339 Type - Number Service [...... 1 Sheriff service requested for this Respondent if requested mark with an X' Duplicate panel if muitiple Respondents Claim Details Mark appropriate sections below with an *x' Matter Type: The Applicant makes this Claim against you as set out in the Statement of Claim below. [-oonen 1| certify that in my reasonable opinion the Claim will be uncontested or is not genuinely contestable. [..... ] The Applicant would consider mediation to assist in resolving this Claim. Extension of time if applicable The Applicant seeks an extension of time to institute this action pursuant to: | ] section 48 of the Limitation of Actions Act 1936 [on.. ] other: State section and Act The grounds for seeking an extension are: Grounds in separately numbered paragraphs 1. | request the matter be heard at Adelaide. Request only applicable if Magistrates Court To the Respondent: WARNING If you wish to defend the claim, you: * may file and serve on all parties a Notice of Acting (which will give you access to the file) must within o 28 calendar days if you are served within Australia; OR o 30 business days if you are served outside Australia from service of this claim file and serve on all parties a defence. If you do not do so, after that time judgment may be entered against you including orders as to costs. Judgment will allow the person who has obtained judgment to take enforcement steps. This may include orders to sell your property. If you wish to make a counter claim or claim against a third party, you must within the same time file and serve on all parties a counter claim or third party claim as the case may be. For instructions on how to file a notice of acting and/or defence and how to aobtain access to the file, visit https://courtsa.courts.sa.gov.au/?g=node/473. Form 1 Pre-Action Steps Mark with an 'x' the pre-action steps that have been taken [...X...] Has the Applicant served a notice of claim under the Rules of Court? [...X...] Have all Respondents served a response under the Rules of Court? [...X...] Have all parties conferred to attempt to resolve the dispute under the Rules of Court? Service The party filing this document is required to serve it on all other parties in accordance with the Rules of Court. Accompanying Documents Mark appropriate sections below with an 'x' Accompanying service of this Claim is a: [...X...] Multilingual Notice (mandatory) [......] Notice to Respondent Served Interstate (mandatory if address of the respondent to be served is interstate) ......] Notice to Respondent Served in New Zealand (mandatory if address of the party to be served is in New Zealand) ......] Notice to Respondent Served outside Australia (mandatory if address of the party to be served is outside Australia but not in New Zealand) [......] If other additional document(s) please list them below: Note to Parties There are usually cost penalties for making an unsuccessful claim or resisting a successful claim. If an amount less than $12,000 or an order for work of the value of less than $12,000 is claimed, a lawyer cannot represent any party at the trial (subject to some exceptions in section 38(4)(a) of the Magistrates Court Act 1991) and the minor civil cost scale will generally apply. STATEMENT OF CLAIM Complete either Option A or Option B below Option A-Option only available: (a) for a minor civil action of (b) where the uncontestedot genuinely contestable certification has been completed under the Claim Details section above Summarise your Claim in 100 words or less: . What happened The date(s) . Why you say the Respondent is legally responsible for the claimForm 1 Option B - For all other Claim types (If Claim lodged via the Portal, complete and upload a Form 18 Statement of Claim). (If Claim lodged over the counter at the Registry, complete the Statement of Claim and Certification below). Part 1 Introduction by Applicant Summary of claim Summarise the claim in one or two sentences 1. The Applicant's claim is for damages for non-economic loss for pain and suffering, loss of dignity and reputation, and loss of enjoyment of lifestyle, social status and personal satisfaction, and for psychiatric injury. Legal basis of claim List causes of action/statutory claims Breach of contract (implied terms) Misrepresentation Estoppel Contravention of s 55A of the Occupational Health, Safety and Welfare Act 1986 (SA) Contravention of ss 51AB, 51AC, 60 and 82 of the Trade Practices Act Statutory negligence Negligence at common law N o o N Deceit 10. Conspiracy Part 2 Background/uncontroversial matters Facts expected to be agreed in separate numbered paragraphs 11. Mr Green was appointed to Seaview High School ('Seaview') as a teacher in 2006. 12. The Respondent Blair Boyer, Minister for Education, Training and Skills is the Minister responsible for oversight of the education department of South Australia that employed Mr Green. 13. The Applicant and Respondent entered into a contract of employment on or about 1 January 2006. Part 3 Other facts forming the basis of the claim Other material facts that support the claim in addition to those in Part 2 in separate numbered paragraphs. Be very particular about each matter eg when did it occur, where did it occur, what occurred. 14. From 2006 until January 2021 Mr Green held an appointment as an officer in the teaching service under the Education Act 1972 {SA) (\"the Act'). He was appointed to that position by the Minister of Education (\"the Minister\") (who at certain times has also been designated as Minister for Education and Children's Services and as the Minister for Education, Training and Employment). 15. Mr Green was appointed to Seaview High School ('Seaview') as a teacher. The practice was to give a teacher and the principal of the school a letter of appointment specifying the teaching duties and term of the appointment made by the letter. Mr Green was not given a letter. It was an appointment for one year. Mr Green was appointed to teach computing and business maths to Year 12 level. Mr Green began at Seaview in January 2006. 16. Mr Black, the principal at Seaview, asked Mr Green to manage the computing network. 17. Mr Green agreed to do this, although he had not previously been involved in managing networks. He had no- one to manage or supervise him in that work. In addition he was not provided with any training. His computer experience was at the keyboard level and not related to the technical aspect of computers or their hardware. The job of network manager would not normally involve any hands-on maintenance or repair work. 18. This was at a time when a new DECS' information technology program was being rolled out. This was a program to dramatically increase the number of computers, laptpos and related products in schools controlled by DECS. At Seaview Mr Green experienced many difficulties because there were three different generations of computers that were all in a poor state of repair. Mr Green did the work managing the network willingly and also involved himself in out-of-hours work by taking any malfunctioning computers for repair to the city, where Form 1 19. 20. 21 22. 23. 24. 25. 26. 27. 28. 29. Part 4 he was living. He took them on his way home and then picked them up and took them back to the school the following morning. The head master, not surprisingly, was very pleased with the work that Mr Green was doing and spoke highly of Mr Green's work in a form that he provided to DECS at the end of the year. Mr Green performed in a hybrid role because of the absence of two teachers from the previous year. Mr Black praised his teaching expertise and his understanding of students. Seaview had been given a new network and Mr Green got it up and running when those teachers who were to be involved did not return to the school in 2006. Mr Green went to a doctor in August 2006. He said that he was then suffering from stomach cramps, pains in his shoulders and was vomiting. He was prescribed medication by way of anti-depressants and also given something for his stomach. The problems were related to stress and anxiety at work. Mr Green was given no training or assistance at Seaview in managing the network. Seaview was a large school and therefore the difficulties were multiplied. Mr Green started to fix the computers which were outdated and in need of repair or upgrade. He needed to do this in order to teach his own computing lessons. He was left to his own devices and continued to clean and repair the computers because no-one else did the work. Mr Green did not consider that the position of curriculum manager involved building or maintaining networks. Mr Black was aware of Mr Green's lack of appropriate qualifications in relation to \"hands on\" maintenance and repair of computing equipment. Mr Green was performing work which was not within his job description but she allowed him to continue the work. Mr Green had fallen into a \"fix-it\" role by default but was not qualified to do the work. Mr Green took on too much and went far beyond his nominated role in the interests of setting up the network and managing it. He did this in good faith and was successful in what he did. Mr Black and his staff benefited from his work, but Mr Green was not line managed or counselled. He worked long hours until late at night and on weekends because he could not get access to computers until after hours. He was allowed to continue to do this without any query from the administration, until he complained about his workload. No consideration was given to performance managing Mr Green or providing him with appropriate training. The Education Department under the Minister's supervision was aware, or should have been aware, that Mr Green was being abused in his position of employment through the Department. By a letter of 23 January 2021 from Mr Green to Mr Black, by which letter Mr Green resigned from his employment: In this letter, Mr Green said that he was resigning \"because of the impossible work situation that | have been placed in by my employer\". This resignation was in accordance with Mr Green''s rights as the victim of a breach of contract. The Minister, over a period of years, had acted in such a manner as to evince an intention not to be bound by or to observe the contract of employment. Minister had subjected Mr Green to an unsafe system of work, by giving him duties for which he was not trained, and by requiring him to cope with an excessive workload; by exposing Mr Green to bullying and harassment in the workplace, by a prolonged failure to deal with grievances expressed by Mr Green to officers of the department relating to his work and workload, and by failing to provide proper management and supervision. This caused Mr Green to suffer from stress and to develop an anxiety state. The Minister persistently refused to comply with three provisions of the contract of employment, thereby entitling Mr Green to treat the contract as at an end. The provisions are an implied term requiring the Minister to take reasonable care for Mr Green's health and safety, and in particular to {ake reasonable care o provide a safe place and system of work; an implied term that the Minister would not act in a manner likely to damage or destroy the relationship of mutual trust and confidence between the parties as employer and employee, and a further implied term that the Minister would exercise his powers in relation to Mr Green fairly and reasonably. Orders sought Qutline orders sought in separate numbered paragraphs 30. Judgment for the First Applicant for: a. Damages; b. Interest; and c. Costs Form 1 Certification Mark appropriate section below with an 'x' [...X...] As the filing lawyer, | certify that this pleading is filed in accordance with the instructions of the party/parties for whom | act. There is a proper basis for each allegation of fact in the pleading and it complies with the Rules of Court. [ ] As a Litigant in Person (self-represented), | am responsible for filing this pleading. Each allegation of fact in the pleading is true to the best of my knowledge, information and belief. 2N Signature Rick Vickers Name printed 19 November 2023 Date Form 12 To be inserted Case Number: 0 - CIV - 23 - GO 8215 Date Filed: a ( 1 / 23 FDN: SCSA AFFIDAVIT OF FRANK WAYLON GREEN MADE ON 17 NOVEMBER 2023 SUPREME COURT OF SOUTH AUSTRALIA IVIL JURISDICTION Please specify the Full Name including capacity (eg Administrator, Liquidator, Trustee) and Litigation Guardian Name (if applicable) for each party. Each party should include a party number if more than one party of the same type. FRANK GREEN First Applicant Blair Boyer, Minister for Education, Training and Skills First Respondent Department for Education of South Australia Second Respondent Lodging Party Mr Frank Green Full Name (including Also Known as, capacity (eg Administrator, Liquidator, Trustee) and Litigation Guardian Name (if applicable)) Name of law firm / Ocular Legal Rick Vickers solicitor If any Law Firm Solicitor Deponent the person who is making the affidavit Deponent Mr Frank Waylon Green Full Name Address 182 Evergreen Terrace Street Address (including unit or level number and name of property if required) Adelaide SA 500 Australia City/town/suburb State Postcode Country olegal3@gmail.com Email address Phone Details 8302 0830 Type (eg. Home; work; mobile) - Number Another numberAffidavit Mark appropriate section below with an x' I, Frank Waylon Green, [0 swear on oath that: do truly and solemnly affirm that: Enter text in separate numbered paragraphs If the Affidavit relates to an Application, identify the Application, and state the material facts relevant to the Application 1. 2. 10. 11. 12. 13. I moved to Adelaide from the United Kingdom in 2000. | have a degree in business organisation from Heriot-Watt University and a teaching certificate in business studies and economics. My first job was at Marryatville High School. This was a contract position between May and December 2000. At Marryatville | taught Year 11 business education and maths, Year 10 typing and Year 8 English. | was then recommended for a permanent teaching position. | obtained such a job at Taperoo High School. At Taperoo | taught Year 11 accounting and maths. Following my work at Taperoo | was offered, and accepted, a position at Christies Beach High School. At Christies Beach, | taught Year 12 PES accounting and economics, Year 12 typing and Year 11 business studies. | completed an ED112 Teacher Placement Form in order to obtain a permanent position with DECS for 2001 onwards. On the form | indicated that | was a business studies teacher with some experience in computing courses. | nominated computer-based subjects on the form and indicated that | had experience in spreadsheets, graphics, databases and e-mail. | commenced employment at Seaview High School on 23 January 2006. It was an appointment for one year. | was not given a letter of appointment. The vacancy | filled was for computing up to Year 12 and mathematics to Year 11. At Seaview | had a full-time teaching load, which included five classes and a home group. | was then asked by the principal, Mr Black, to look after all the computers in the school's computer networks. | agreed to do this, although | had not previously been involved in managing networks. | had no-one ta manage or supervise me in that work. | was not provided with any training. | did the work managing the network willingly and was also involved in out-of-hours work by for example taking any malfunctioning computers for repair to the city, where | live. | took them on the way home and then picked them up and took them back to the school the following morning. While employed at Seaview | was suffering from stomach cramps, pains in my shoulders and was vomiting. | was prescribed medication by way of anti-depressants and also given