[2024] FWCFB 465
At a glance
- 1
What happened
Paramjit Brownson, a teacher and Year 9 Pastoral Coordinator at Australian International Islamic College Ltd, was investigated for alleged unprofessional conduct, including yelling at students and breaching confidentiality. Following an investigation, she was dismissed. Brownson argued the allegations were unsubstantiated and the dismissal was unfair. She initiated a claim in the Fair Work Commission. The Commission initially found Brownson was unfairly dismissed and ordered reinstatement. The college appealed this decision.
What was decided
The Fair Work Commission Full Bench (FWCFB) overturned the initial decision. The FWC found the initial Commissioner failed to consider relevant factors. The case has been remitted back to the Commissioner for a rehearing. The Full Bench did not make new findings on the merits of the case, but quashed the original order for reinstatement. A stay order remains in place, requiring the college to continue paying Brownson while the appeal is resolved.
What it means for employers
Employers must ensure investigations are fair and follow due process. Reliance on hearsay evidence, particularly when dealing with serious allegations, requires careful consideration and corroboration. Disproportionate responses to employee misconduct, even when misconduct occurs, can lead to findings of unfair dismissal. Employers should document all steps taken and ensure procedural fairness is maintained throughout the process.
What it means for employees
Employees facing disciplinary action have the right to a fair investigation and opportunity to respond to allegations. Employees should document their responses and any concerns about procedural fairness. If an employee believes they have been unfairly dismissed, they can pursue a claim in the Fair Work Commission.
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