FWC examines whether authorities 'weaponised' legal provisions against educator
The Fair Work Commission (FWC) recently dealt with an unfair dismissal application involving a teacher whose employment ended after being unregistered for twelve months.
The case centred on whether the worker was dismissed by his employer or whether his employment ceased automatically by operation of law under Victorian education legislation.
The worker argued that his employment was terminated on the employer's initiative because the department failed to investigate his conduct, provide assistance with his registration status, or consider alternative deployment options.
He contended that both the department and the Victorian Institute of Teaching (VIT) allowed time to run out deliberately, effectively “weaponising” the automatic cessation provision as a substitute for fair process.
The worker was employed by the Department of Education and Training as a teacher at a public primary school when his troubles began in February 2024.
The VIT notified the department on 16 February 2024 that the worker had been charged with category A offences. Three days later, on 19 February 2024, the VIT informed the department that it had suspended the worker's registration on an interim basis with immediate effect.
The department responded by writing to the worker on 22 February 2024, stating that Victoria Police had confirmed the charges and that the Secretary...
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