Tuesday, July 13, 2010

Australian teacher sues, saying larynx was damaged from yelling at children

A teacher who claims she damaged her larynx yelling at children, including some with special needs, is suing the Government for more than $400,000. Valissa Julietta Bauer, 39, claims she had to over use her voice in an attempt to control the pupils in her composite Year 6 and 7 class at Thabeban State School in Bundaberg, Queensland. Her claim, filed in the Supreme Court in Brisbane, said the class included 31 special needs children, including a diabetic child who required insulin injections, two autistic children, a child with cardiac disorders and a few children with Attention Deficit Hyperactivity Disorder.

As a result of her duties over the course of her employment with the school from about May 2006, Ms Bauer developed an injury to her larynx, her claim filed by Shine Lawyers said. Ms Bauer, who no longer teaches at the school but is believed to work part time teaching at a private Bundaberg school, claims she has been left with a permanent disability and has lost considerable income.



The teacher is suing over the school putting her in charge of the composite class without providing her with adequate classroom assistance. She claims the school failed to regularly rotate her between various duties, to reduce her contact with the composite class. Ms Bauer also blames the school for failing to supervise or ensure that the correct number of staff were available to monitor the high number of students in the Year 6 and 7 class. She also claims she received inadequate training to prevent her being injured.

Her claim is for almost $420,009 in damages for personal injury as a result of alleged negligence, breach of contract or statutory duties. It includes amounts for general damages, past economic loss, future impairment of her earning capacity to age 65 and medical expenses. The State Government is yet to file a defence and declined to comment.

No comments: