Lecturer admitted touching the student's hair but denied any sexual element to the conduct
The Fair Work Commission (FWC) examined whether an associate lecturer's dismissal was harsh, unjust or unreasonable after the employer dismissed him following a student's complaint.
The lecturer was employed full-time for over six years until his dismissal, and his employment record was unblemished prior to the complaint.
The student alleged the lecturer inappropriately touched her hair by reaching out and tucking her fringe behind her ear without her consent, and on an unknown earlier date, told her, "you look cute" while reaching down to touch the stockings above her knee.
The lecturer admitted touching the student's hair but denied tucking it behind her ear and denied any sexual element to the conduct.
Background and incident
The lecturer, employed full-time for over six years with an unblemished record at a university college, was dismissed following a student complaint. The incident occurred when he and the student were alone in a classroom with the door closed.
The student alleged he inappropriately touched her hair by tucking her fringe behind her ear without consent, and on an earlier date, told her "you look cute" while reaching to touch her stockings.
The lecturer admitted moving the student's hair but denied tucking it behind her ear and denied any sexual element to his conduct.
He explained that during a one-on-one class session, while giving positive feedback on her...
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