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A Fair Work Commission member was wrong to find an employee didn't breach the 'professional boundaries' provisions in a code of conduct because his behaviour wasn't s-xual, a full bench has ruled.

The Deputy President also denied the employer procedural fairness when she considered a statement in support of the sacked employee, which hadn't been admitted as evidence, the bench found in granting its appeal against an unfair dismissal decision.

The case involved an Australian Capital Territory teacher, who was dismissed in August 2024 for engaging in "undeclared, improper communications which constituted a breach of his professional boundaries".

Specifically, the employer accused him of: engaging with female students on social media; driving students to and from non-school-related sporting events; and attending a sports recovery centre with students, where a photo showed him in a room where they were taking an ice bath...