The teacher took the ACT Education Directorate to the Fair Work Commission after he was sacked. Photo: File.
A high school teacher fired for his inappropriate behaviour with students, including taking a photo of some in an ice bath, has won his unfair dismissal case.
The Fair Work Commission found the teacher, who isn’t named for legal reasons, was unfairly dismissed as the decision to terminate his employment was harsh, according to published decisions.
Deputy President Lyndall Dean ordered the ACT Education Directorate pay him five months’ wages in compensation rather than reinstating him. This amount was reduced by one month’s wages due to his misconduct.
She said the teacher worked in private schools before he was employed by the directorate in 2023, then the principal at his school sent him a letter outlining the allegations against him in early 2024.
When speaking to the professional standards unit, he admitted using the social media app BeReal to take a photo of three students in an ice bath at a sports recovery centre.
But he said he was not in the ice bath himself, the photo was to promote the business, the girls were part of a sports program he was involved in, and a female staff member was present at the time.
He admitted to messaging one student on Instagram, participating in a group chat on the same app with four students, and then speaking to another student about a touch football tournament on the app. Also, on two occasions, he drove students to a sports match or to their training.
The teacher ultimately admitted to six allegations from 2023, but denied a seventh.
“As I have said repeatedly, all of these allegations are a very, very poor error in judgment, and I was trying to do something in good will and jest, but not following the right procedures and protocols around it,” he said.
He said he was concerned about one student’s well-being when speaking to her over Instagram, spoke to another on the app as he’d known her since she was young, and then was in contact with others through sports programs.
“My participation in sport as a coach and mentor outside of the school system, while being employed as a teacher, appears to have been perceived by some as inappropriate,” the teacher told the principal.
“While I can categorically state that I have at no time acted inappropriately with any student, and that all actions outside the [school] system have occurred with the full knowledge and approval of a parent or guardian, with hindsight, I can see that in my endeavours to provide opportunities and support, I have potentially placed myself at risk of creating false and unfavourable perception.”
The teacher said he was remorseful and asked to be given training and support instead of being fired. But, in August 2024, the directorate told him his employment would be terminated.
Deputy President Dean said no allegations involved sexual behaviour or sexual misconduct, but the teacher had been found to have engaged in “undeclared, improper communications” that breached his professional boundaries and she agreed his behaviour was “foolish and childish”.
Also, she said there was no question that the language he used during the conversations on social media, including when he mocked and ridiculed other students, was inappropriate.
“His lack of insight into the inappropriateness of his behaviour, shown by his engagement in the group chats over a period of time, is concerning,” she said.
The deputy president was satisfied there was a valid reason for his dismissal, but said it could lead to the cancellation of his professional registration as a teacher, which would end his career. He was “an outstanding teacher”, she said.
“I consider that his inability to teach again would be a harsh and disproportionate consequence,” she said.
She said he taught at another ACT school until he was fired, and that he had not been suspended pending the outcome of the investigation into the allegations, suggesting the misconduct was not serious.
He has, more recently, struggled to find work.
If you or someone you know needs help, you can contact:
Lifeline’s 24-hour crisis support line – 13 11 14 Kids Helpline – 1800 551 800 or kidshelpline.com.auMensLine Australia – 1300 789 978 or mensline.org.au.
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