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A Commissioner failed to properly consider whether an employee had breached a code of conduct when he found she had been unfairly dismissed, a full bench of the Fair Work Commission has ruled in an appeal against her reinstatement.

The employee's admitted conduct "would have been more than a technical breach" of the employer's code, and should have been considered more significant, the bench said.

In June last year, Commissioner Stephen Crawford found the Australian International Islamic College Ltd had no valid reason to dismiss the pastoral coordinator, based on substantiated complaints that she had:

• dished out disproportionate and unjust punishments;
• yelled and screamed at students;
• screamed "I'll make your life a living hell" at a student;
• told another student "I'll make your life miserable"; and
• conducted random bag searches "without care, privacy, and compassion"...