A Canberra teacher who was dismissed for professional misconduct involving social media messages with students and a photograph at an ice bath recovery centre has been awarded five months' salary after the Fair Work Commission found his sacking was harsh.
Tribunal finds dismissal 'harsh' despite valid reason
In a decision published in January 2026, Fair Work Commission Deputy President Lyndall Dean ordered the ACT Education Directorate to compensate the male teacher, acknowledging that while there was a valid reason for termination, the dismissal itself was unfair.
The teacher admitted to six allegations of misconduct, all involving undeclared contact with students outside of school. The Commission emphasised there were no allegations of a sexual nature.
"As I have said repeatedly, all of these allegations are a very very poor error in judgement and I was trying to do something in good will and jest," the teacher stated in an admission, later adding, "But not following the right procedures and protocols around it. This was not okay."
The 'childish' conduct that crossed professional boundaries
The admitted misconduct included several breaches of professional protocols. The teacher was part of an Instagram group chat with students, which was used to organise transport. He also privately messaged a student via the app to offer support following a relationship break-up.
Further, he drove a group of students to a football match for another student, and on separate occasions provided transport from school to sports training – actions performed outside his official teaching capacity.
The most visually striking incident involved a social media photograph. The image showed the teacher standing in the same room as students who were using ice baths at a strength and sports recovery facility.
In his defence, the teacher stated his sporting activities as a coach and mentor outside school were done with parental knowledge and approval. "While I can categorically state that I have at no time acted inappropriately with any student... with hindsight, I can see that in my endeavours to provide opportunities and support, I have potentially placed myself at risk," he said.
Plea for training rejected before Commission hearing
Following his admissions, which negated the need for a formal investigation, the Directorate moved to terminate his employment. The teacher pleaded for an alternative sanction, arguing his dismissal was a waste to the education system.
"I am extremely remorseful for my actions and am asking you to consider further training and support, rather than a termination of employment," he wrote to his employers.
At the subsequent Fair Work Commission hearing, character witnesses spoke in his support, including the mother of one involved student and a sporting association president. However, school staff, including the principal and deputy principal, expressed concern about him returning to the workplace.
Deputy President Dean was critical of the teacher's communications, describing them as "uncharacteristic of a teacher or a coach" and more akin to peer-to-peer chats expected from a teenager. She noted he mocked and criticised other students within the group chats.
"His lack of insight into the inappropriateness of his behaviour, shown by his engagement in the group chats over a period of time, is concerning," Ms Dean stated.
Ultimately, she found reinstatement inappropriate but ruled the dismissal was harsh, leading to the compensation order of five months' base salary.
The case, heard in January 2026, highlights the strict professional boundaries expected of teachers in the ACT regarding out-of-hours contact with students, even when intentions are perceived as benign.
