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Potentially "catastrophic consequence" made valid dismissal harsh

An employee has won his unfair dismissal claim despite showing a concerning lack of insight into his inappropriate behaviour, after the Fair Work Commission found his sacking could have a "catastrophic consequence".

Dismissal might lead to the cancellation of his professional registration, potentially denying the employee not only his job, but his career, Deputy President Lyndall Dean accepted.

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

The employer first raised its concerns in February that year, alleging the employee had: engaged with students via social media apps, outside of his role as a teacher; attended a sports recovery centre with students, where a photo showed him in the room with them while they took an ice bath; drove students to and from sports games and training, outside of his role as a teacher; and sat close to a student at lunch and moved closer when she moved away; and gone through the student's bag without her permission...

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