[2025] FWC 1551
Citation: [2025] FWC 1551
At a glance
- Employees affected
- 1
What happened
the Applicant, a high school teacher, was dismissed by the Australian International Islamic College Ltd (College) on December 21, 2023, following allegations of raising her voice at students and concerns about student behaviour. Student A initially complained about the Applicant’s teaching methods in June 2023. Subsequently, complaints from Students B and C arose regarding disruptive behavior. Prior to the dismissal, the Applicant had communicated with College leadership about these issues and received their support. An incident occurred where the College Director, Mohammed Azhari, spoke inappropriately to another teacher.
What was decided
The Fair Work Commission found the Applicant’s dismissal was unfair. The Commissioner noted that it's unreasonable to expect teachers not to raise their voices when managing misbehaving students and that the College leadership had been aware of and supportive of the Applicant’s actions until November 2023. Evidence from Student A, indicating superiors also used raised voices, undermined the College’s claims. The initial reinstatement order was quashed on appeal, leading to a rehearing where all evidence was reconsidered. No compensation beyond what is typically ordered in unfair dismissal cases was awarded.
What it means for employers
Employers must ensure fair and reasonable processes are followed when addressing employee performance or misconduct allegations. Rushing to dismiss experienced employees based solely on student complaints about voice tone can be detrimental. Leaders should consistently apply disciplinary standards across all staff, including themselves, and avoid contrived dismissal processes that rely on false evidence.
What it means for employees
Employees facing disciplinary action have the right to a fair process and should document communication with employers regarding performance concerns or misconduct allegations. If an employee believes they’ve been unfairly dismissed, they can lodge an application with the Fair Work Commission.
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This summary was drafted from the published decision and reviewed before publishing. It is general information, not legal advice. For your specific situation, speak to the Fair Work Ombudsman (13 13 94) or a qualified lawyer. About these summaries & corrections →