A former teacher is seeking $780,000 in compensation after she was terminated late last year. The teacher is claiming that she was terminated for refusing to respond to gross misconduct claims outside of her work hours. This high profile ‘right to disconnect’ case is being followed closely by the industry. While not yet concluded there are already learnings for all businesses now.
Case Review
The former teacher made a series of complaints in March 2024 that led to an investigation by the school. The investigation uncovered misconduct on the part of the teacher, that the school resolved to address after the initial investigation was concluded.
During the investigation of the complaints the former teacher went on leave. Before returning the teacher to work and a meeting to discuss the investigation the employer sent her for a fit to work assessment. The independent medical report said that during the meeting, the school should avoid discussions that might exacerbate the teacher’s stress, including about “potential legal consequences, negative feedback or warnings, or the possibility of not returning to work,” and it should allow the teacher a break of three days to a week after the meeting before requiring her to resume work.
Despite the recommendation of the doctor the employer sent the former teacher a letter containing six allegations against her on September 12, and asked her to respond by September 20. The former teacher claimed that she did not notice the email until September 17 and asked for an extension until October 11 (after the end of school holidays) to respond. In the extension request the former teacher raised her right to disconnect.
The employer granted an extension to September 25.
On September 27 the employer noted that the former teacher had not responded as required and as a result the business had proceeded with the standard business response of termination of employment.
The former teacher claims that she was dismissed because she asserted her right to disconnect and is seeking $730,000 in compensation for the breach of her employment right, on the basis of the assumption that she would have been employed for another 6 years had the employer not terminated her employment. In addition the former teacher is seeking a further $50,000 for ‘hurt and humiliation’.
The case is before the Federal Court now and is being watched very closely as a test case for the right to disconnect in practice in the current employment landscape.
Learnings for all businesses
“This case is still underway and will have more lessons for all employers as it develops, but one of the big ones is about communication, and the importance of documentation”, explained ACAPMAs Elisha Radwanowski.
“In this case the employer agreed to an extension to response to 25th September, but did not document the granting of that extension, leading to the former teacher claiming that the extension was not communicated at all”, continued Elisha.
“It is vital for employers to make best efforts to schedule perofrmance management meetigns inside the employees usual work time, and to extend appropriate time to respond to show cause processes. But of the highest importance is that these efforts and considerations are completly and fully documented, not only to avoid confusion with the employee and thus lead to transparent outcomes, but also to ensure that in the event of a dispute, there is no confusion over timelines and instructions”, concluded Elisha.
ACAPMA will continue to watch this case and keep members informed as it develops.
Here to Help
HR Highlights are things to consider, implement and watch out for in your business. They are provided as general information for you to consider and do not constitute advice. You should seek further advice on your situation by contacting your legal advisor. ACAPMA members can access resources and receive advice, guidance and support from the ACAPMA employment professionals via employment@acapma.com.au , it is free for members. ACAPMA Membership delivers this and more benefits, see; https://acapma.com.au/membership/ for more information.
Elisha Radwanowski BCom(HRM&IR)
ACAPMA
