Director disputes college complaints lacking proper investigation and evidence
The Fair Work Commission (FWC) recently found in favour of an education director who was dismissed following a series of performance and conduct warnings, determining that the employer failed to establish valid reasons for termination despite legitimate workplace concerns.
The case arose when the college terminated a Teaching English to Speakers of Other Languages (TESOL) instructor and director of studies after issuing multiple oral and written warnings over several months, leading to findings that the disciplinary process lacked substance and proper procedural foundations.
The worker argued he was unfairly dismissed following a pattern of unsubstantiated warnings and complaints that were not properly investigated or addressed through appropriate procedures.
He maintained that many of the allegations against him lacked credibility and that the employer failed to follow its own disciplinary policies when making the termination decision.
The employment relationship involved an educator who commenced as a TESOL instructor in February 2023 before expanding duties to include English Language Intensive Courses for Overseas Students (ELICOS) teaching and director of studies responsibilities by April 2023.
The worker's multiple roles encompassed teaching English to overseas students, academic administration, and oversight of study programs...
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