The Fair Work Commission (FWC) recently dealt with an unfair dismissal case involving a worker who was summarily dismissed for allegedly raising her voice at people under her supervision.
The case concerned an employee with three years of service who challenged her termination after being accused of yelling and using inappropriate disciplinary methods.
The worker argued that raising her voice was a necessary part of managing disruptive behaviour and maintaining order in challenging situations.
She contended that her actions were proportionate responses to serious misconduct by those under her supervision, and that her employer had previously supported her disciplinary approach until she challenged senior management's conduct.
The worker was employed as a mathematics teacher and Year 9 pastoral coordinator at an Australian International Islamic College from around late 2020 until December 2023.
Her role specifically involved assisting other teachers with disciplinary matters for Year 9 students, placing her at higher risk of complaints due to the nature of her responsibilities.
The employment issues began when a student sent an email complaint in June 2023 about her teaching techniques and alleged yelling in mathematics class.
The college promptly directed its deputy principal to investigate the matter and arrange classroom observations.
The initial investigation was conducted over several months, with the former head of secondary...
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