[2025] FWC 1554
What happened
the Applicant was dismissed from her role as a science laboratory technician at St Columba’s College Ltd after forcefully slapping a student’s hand during a class. the Applicant claims the dismissal was disproportionate and the process unfair, seeking compensation. The incident was captured on video and reported to the Commission for Children and Young People (CCYP). The College alleges the Applicant was involved in tense conversations with students and verbally abused the student. the Applicant argues she was not properly informed of the allegations and that the College did not follow proper procedures outlined in the Catholic Education Multi Enterprise Agreement.
What was decided
The Fair Work Commission dismissed the Applicant’s unfair dismissal application. The Commissioner found that the Applicant did slap the student’s hand and that the slap was unwarranted. The Commissioner found the College had a clear motivation for the dismissal, which was the Applicant’s conduct. While some allegations against the Applicant were unsubstantiated, the Commissioner found the slap itself was a serious breach of school policy and child safety obligations. The Commissioner noted the Applicant’s explanation for the slap was inconsistent.
What it means for employers
Employers have a responsibility to ensure staff adhere to child safety policies and procedures. Failing to address serious breaches of these policies, such as physical contact with students, can lead to disciplinary action, including dismissal. Thorough investigation and adherence to contractual obligations and enterprise agreements are crucial in handling such situations.
What it means for employees
Employees must comply with workplace policies, including those related to child safety. Providing inconsistent explanations for actions can undermine credibility and impact the outcome of investigations. Understanding the seriousness of workplace conduct and its potential consequences is essential.
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