[2025] FWC 1554
Citation: [2025] FWC 1554
What happened
Jillian McLoghlin 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. Ms McLoghlin 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 Ms McLoghlin was involved in tense conversations with students and verbally abused the student. Ms McLoghlin 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 Ms McLoghlin’s unfair dismissal application. The Commission found that Ms McLoghlin did slap the student’s hand and that the slap was unwarranted. The Commission found the College had a clear motivation for the dismissal, which was Ms McLoghlin’s conduct. While some allegations against Ms McLoghlin were unsubstantiated, the Commission found the slap itself was a serious breach of school policy and child safety obligations. The Commission noted Ms McLoghlin’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.
Every statement above is drawn from the published decision. Read the original here:
https://www.fwc.gov.au/documents/decisionssigned/pdf/2025fwc1554.pdfWant more cases like this?
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This summary was drafted by AI 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 →