[2026] FWC 137
Citation: [2026] FWC 137
At a glance
- Employees affected
- 1
What happened
Jack Gibson, a teacher at Erindale College, was placed on unpaid leave in January 2023. While overseas in August 2023, he was sent a letter detailing seven allegations of inappropriate behaviour involving students, including contact via social media and driving students to events without school supervision. Gibson responded, denying some allegations and explaining others. He later provided an Admissions Statement acknowledging initiating contact with a student via Instagram. The Australian Capital Territory Education Directorate then referred the matter to the Public Sector Standards Commissioner for investigation.
What was decided
The Fair Work Commission found Jack Gibson's dismissal was unfair. While the employer had a valid reason for the concerns raised, the process followed was considered harsh. The Deputy President ordered compensation. The Commission noted Gibson's Admissions Statement acknowledging inappropriate contact with a student via Instagram. The decision was based on s.394 of the Fair Work Act 2009.
What it means for employers
Employers must ensure a fair and reasonable process is followed when investigating employee conduct, even when serious allegations are made. A referral to an external body doesn't automatically justify dismissal. Employers should consider the impact of their actions on employees and ensure due process is followed.
What it means for employees
Employees facing serious allegations should respond appropriately and seek support. Understanding workplace policies and professional boundaries is crucial. Even if a valid reason exists for disciplinary action, the process must be fair and not harsh.
Every statement above is drawn from the published decision. Read the original here:
https://www.fwc.gov.au/documents/decisionssigned/pdf/2026fwc137.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 →