Teachers and students learn an important lesson
Teachers have a responsibility to their students. To be professional, courteous, and a mentor. Students have a responsibility to listen, learn, and act appropriately. However, what happens when in-classroom behaviour has real consequences of dismissal? They learn about unfair dismissals.
Read these crazy classroom cases about skinny-dipping, the use of pronouns, and bullying. Every industry is different, however the education department works in its own set of rules.
Skinny-dipping student causes trouble
In the matter of Scott Morrison v Australian National University [2022] FWCFB 83, a senior academic, Dr. Morrison, was terminated after a consensual nude beach encounter with a student. Eventually leading to his termination.
Associate Professor Dr. Scott Morrison, a mathematician in his mid-30s at the Australian National University, was terminated for serious misconduct. The dismissal stemmed from an 18-month-old complaint by a former student. Alleging that the two swam and laid naked together on a beach during a university mathematics retreat.
Dr. Morrison lodged an unfair dismissal claim with the Fair Work Commission. Claiming that he deserved reinstatement and six months financial compensation. In the original hearing, Dr. Morrison did succeed in reinstating his position. The Commission cited that the incident was a failure of the student, not the teacher.
However, in an appeal the Commission altered their decision. Accounting for Dr. Morrisons responsibility as a teacher and his duty of care to his students.
Dr. Morrison learns about unfair dismissals (and fair dismissals)
Dr. Morrison acknowledged the beach encounter but insisted it was consensual and happened after grades were submitted. Nevertheless, the Commission decided that even with consent, and regardless of when grades were submitted, the incident took place during a university-sanctioned event. Placing it within the scope of the workplace.
The female student recounted that they kissed Dr. Morrison while undressed, but then turned down a more explicit request. The Commission were concerned at Dr Morrison’s mistake. They were also concerned about the inherent power imbalance between teachers and students.
The University upheld that it did not matter that the event was consensual. Dr Morrison should not have placed himself in a position where he would be alone with a naked student. He had taken the matter further by telling the student that he was in an open relationship with his wife.
Evidence not considered in the original ruling revealed a troubling pattern. Dr. Morrison allegedly told the student she was a “distraction at the seminars”. Additionally, he mentioned that his wife had been “jealous” and upset after learning about the incident. He reportedly shared personal details, including that the encounter had led to “really good sex” with his wife.
The Commission teaches Dr. Morrison a lesson
The Commission acknowledged that Dr. Morrisons reputation and career would be ruined. However, they still found that the dismissal was proportionate to his actions. Thus, a fair dismissal.
The Commission did note that students and teachers (of age) can have personal relationships. However, in the context of a university event and where the boundaries are blurred, Dr.Morrisons actions were inappropriate.
This case sends a strong message to professionals in education and other responsible environments. Your role comes with responsibilities that extend beyond the classroom or retreat. Even consensual acts can be judged harshly if they occur in workplace settings or suggest a misuse of authority.
Learn about unfair dismissals and pronouns in the classroom
Cases overseas have seen schools payout huge amounts after terminating their teachers for misgendering students. One case in 2024 involves a Virginian school board and its previous French teacher, Mr Peter Vlaming.
Mr. Vlaming, a French teacher at West Point High School for almost 10 years, was fired in 2018 after he refused to use male pronouns for a transgender student. While Mr. Vlaming agreed to use the student’s chosen name, he avoided pronouns altogether. Citing his “sincerely held religious and philosophical beliefs” that sex is only biological.
The school administration, however, required all staff to follow its anti-discrimination policy. Which included respecting students’ gender identities and preferred pronouns. Mr. Vlaming’s refusal led to his termination and a legal battle that spanned several years.
The case sparked controversy in the courts
After being dismissed in a lower court without review of evidence, Mr. Vlaming’s claim was reinstated by the Virginia Supreme Court in December. The state’s highest court allowed two of Mr. Vlaming’s claims to proceed:
- Violation of his right to freedom of religion under the Virginia Constitution.
- Breach of contract against the school board.
However, not all justices agreed. A dissenting opinion from three justices warned that the majority’s ruling on the free exercise of religion was overly broad. Potentially allowing individuals to defy any policy or law by stating their religious beliefs.
Teacher rewarded at what cost
The case was resolved when the West Point School Board agreed to pay Vlaming $575,000 in financial compensation. Additionally, they removed his termination from his record. The school district stated that the resolution avoids further disruption to its community. While Mr. Vlaming celebrated the outcome as a vindication of his religious freedom.
The case resides in the backdrop of minorities and young people fighting for their right to gender autonomy. While groups fight against the movement in opposing, and often religious, beliefs. While Vlaming did not win a legal judgment in court, the settlement and the Supreme Court’s decision to revive his case.
Trouble from across the pond
In a similar turn of events, a recent employment tribunal in the UK is attracting attention as it examined the dismissal of a teacher. The teacher refused to use a transgender student’s preferred pronouns. Mr Kevin Lister, a 60-year-old former maths teacher at New College Swindon, is challenging his 2022 dismissal due to misconduct. Claiming it violated multiple rights.
Mr. Lister refused to refer to a biologically female 17-year-old student by male pronouns and a new male name upon their request. The student had formally informed the school of their gender identity in September 2021.
Mr. Lister would either use a name and pronouns the student did not want to go by. Or he would point at them and refuse to acknowledge their gender at all.
Mr. Lister, instead of complying, raised a safeguarding concern with the school. Expressing concern that the student’s academic performance may have been linked to their gender identity. And ultimately “as a teacher” he had the right to “teach facts”. Despite the fact that he was a maths teacher, not a teacher with teh relevent credientials.
Mr. Lister was terminated due to his refusal to respect the student’s wishes regarding their gender identity. As a result he has lodged an unfair dismissal claim. While also claiming that he was discriminated against on the grounds of religion or belief. Furthermore, claiming that he was victimised for exercising his rights under the Public Interest Disclosure Act.
Teacher banned around students
In the end the claim of unfair dismissal and discrimination was dismissed. The school did state that individuals are entitled to their own beliefs. However, Mr Lister’s actions had been upsetting to the student. Since the claim Mr Lister has been banned from participating in certain activities with children.
Students under fire
Teachers are not the only people under fire or dismissed. In 2020, the University of California, Santa Cruz (UCSC) went on a mass firing expedition after graduate students protested.
54 students had been undergoing months-long protests. Fighting for a raise to reflect the cost of living crisis and raising rents. With some students saying that they spent 50-70% of their monthly salary on rent. All 54 students were given a termination letter.
Stating that none of them would have their teaching assistant position renewed. One of the first letters to be distributed was to a single mother who spent the majority of her income on subsidised housing.
A major issue of the protesting is that their employment contracts state that protesting was not allowed. Therefore, their attempts to unionise and fight for better pay was not done with the unions approval. Limiting their ability to fight for unfair dismissals.
The strike spread further than the 54 strikers. Hundreds of other teaching assistants had refused to mark work for that quarter. With 500 students stating that they would not teach the following quarter due to the mass firing. A year after the mass firing it was reported that student teachers and other employees were still fighting for a better deal and employment contracts.
Teacher close to home learns valuable lesson
In a recent story closer to home, a teacher was fired after complaining that she was being bullied. A Victorian Catholic school teacher at Emmanuel College was fired after making a complaint against her other teachers.
Ms. Nadia Collis, was a health and safety representative for the school. She had acted as a whistleblower after a number of teachers had come forward regarding bullying complaints. After she complained the school had organised an investigation that outed Ms. Collis as the whistleblower.
Coincidentally, the week after Ms. Collis received a misconduct complaint against herself. Resulting in her subsequent dismissal. The school cited that they questioned her adherence to “Catholic values”. Ms. Collis soon after lodged her own unfair dismissal claim to the Fair Work Commission. Specifically stating that the school did not adhere to procedural fairness.
As a result of the way she was treated, Ms. Collis has been diagnosed with PTSD. While also suffering from severe panic attacks and nightmares. She felt forced out of her community and her reputation ruined.
It was disclosed that Ms. Collis was offered a sum of money to discontinue her Fair Work claim. However, she refused. Stating that she wished to be reinstated in order to show the children of the school that the right thing can be done.
The case had been set to go in front of the Commission early March 2025. There is yet to be a public outcome, if at all.
More to learn about unfair dismissals
These cases highlight a myriad of circumstances and students and teachers had to fight for their workplace rights. These cases also highlight the ways different matters can be heard around the world. However, a similarity to the requirement for teachers to act as pillars and represent certain values.
We at A Whole New Approach have helped thousands of employees learn about unfair dismissals and whether they are eilgable for their own. Don’t stay in the dark about your workplace rights. Or what you can do to protect your rights today. We provide a free initial consultation for anybody who needs employment help. We are not lawyers, but we are local advocates.
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