The Fair Work Commission (FWC) recently dealt with an unfair dismissal application from a worker who was terminated after physically striking a young person during her duties. The worker had been employed for 16 years before the incident that led to her dismissal in February 2025.

The worker argued that her actions were motivated by genuine safety concerns and that dismissal was disproportionate to her conduct. She claimed her employer had failed to consider her mental state at the time, her years of good service, and inadequate training on handling difficult situations.

The worker also suggested her employer had ulterior financial motives for the dismissal and that the investigation process was procedurally unfair.

Physical contact policies in the workplace

The incident occurred on 27 August 2024 during the worker's duties as a science laboratory technician at a Catholic college. The worker admitted to slapping a 15-year-old student's hand as the student was packing up equipment that included a scalpel, scissors and forceps.

The worker initially claimed this was a reflex action taken to prevent the student from injuring herself on the scalpel, but the college had established clear policies prohibiting such conduct.

The college principal gave evidence that their Child Safe Code of Conduct "specifically prohibits staff from using physical means or corporal punishment to discipline or control students." The principal explained that the worker had been trained on this code...

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