Teacher "harshly" sacked for masking taping students to chairs
A primary school teacher was “harshly” sacked for using masking tape to secure three “difficult” students to their chairs, the Fair Work Commission has found.
The reception teacher, known only as Ms RT, was terminated from an Adelaide joint Anglican and Catholic School in December after parents complained that she had used tape to keep a student in his chair.
While the commission agreed on Thursday that Ms RT had intentionally and repeatedly used the tactic to control three students, it nonetheless concluded that her dismissal was unfair because the school had allowed her to continue teaching after the allegations came to light.
According to court documents, Ms RT used masking tape “like a seatbelt” as a method of controlling the behaviour of three students, whom she described as “difficult”.
She argued the children had not been harmed by the tactic, which had been carried out in “a playful way”, and which she also noted had brought about behavioural change when it was first employed. However, she conceded that at least one child may have been scared.
The school, however, argued that the practice contravened school policies and amounted to serious misconduct.
The commission agreed but said her summary termination remained unfair given the school had allowed her to continue teaching the class as it investigated the claims.
“Simply put, given the School's policies and the significance of the allegations against Ms RT, I have concluded that the decision to leave her teaching role unchanged has not been adequately explained,” FWC senior deputy president O’Callaghan said in their finding.
“I have concluded that Ms RT's summary dismissal was harsh in that while her conduct provided a valid reason for the termination of her employment, The School's decision to permit her to continue to teach after the allegations against her were made was inconsistent with that summary dismissal.
“Had the dismissal been with notice, I may have arrived at a different conclusion.”
The commission also noted that parents had not asked for their children to be removed from her care.
Ms RT was also accused of slapping a student on the back of the hand. This allegation was found to be unproven.
She will be allowed to continue teaching pending a new teacher’s registration.
News break - May 8
