A schoolteacher at an Islamic school who was ‘absurdly’ sacked for yelling at misbehaving students has won $56,000 in compensation from the Fair Work Commission.
Commissioner Stephen Crawford last June found Paramjit Brownson, who was a Year 9 teacher at the Australian International Islamic College at Durack in Brisbane, was unfairly dismissed and ordered the school to reinstate her.
However the college successfully appealed the decision, which was sent back for a re-hearing by Commissioner Crawford.
His re-consideration of the matter again ruled in favour of the dismissed teacher and said the true cause of her dismissal was not about how she addressed students, but a falling out with the college director over his treatement of another teacher.
The Commission ruled she was unlikely to get fair treatment if she was reinstated so instead awarded her the maximum compensation.
Commissioner Crawford said the school dismissed the teacher in December 2023, for yelling at students that were misbehaving.
‘I consider it is absurd to suggest that a high school teacher can be found to have committed serious misconduct simply because they have raised their voice towards misbehaving students,’ he said.
‘There is already a well-documented shortage of schoolteachers in Australia [and] that problem will only be exacerbated if schools rush to dismiss competent and experienced teachers simply because some students complain about being spoken to in a raised voice when they have been misbehaving.
Paramjit Brownson (pictured), a Year 9 teacher at the Australian International Islamic College in Brisbane, wasn’t the only staff member who raised their voice toward students according to evidence
‘Teachers such as (her) must also protect the interests of the students that are being negatively impacted by misbehaving students.
‘I have no doubt that parents expect teachers to take strong action when students are engaging in conduct such as bullying or repeatedly disrupting class to an extent where the learning outcomes for other students are affected.’
The Commission heard evidence from a student that the teacher was not the only member of staff who raised their voice toward students and that many others did so much more often.
‘Student A’s evidence completely undermines the college’s position that yelling at misbehaving students is serious misconduct justifying dismissal,’ he said.
Commissioner Crawford found that the the teacher’s dismissal was actually motivated by antagonism between her and college director Mohamed Azhari, prompted by her complaints about the way he had treated another staff member.
The director admitted speaking in a ‘very aggressive and inappropriate manner’ to another female teacher at a college event in November 2023.
The conversation, at a Jalsa event to celebrate Islamic culture and heritage, happened in front of parents, staff, and students.
The director apologised to the teacher at a subsequent meeting, at which the soon-to-be-dismissed teacher acted as a support person.
An Australian Islamic College teacher has been vindicated over her unfair sacking after being awarded maximum compensation by the Fair Work Commission
The teacher then sent a detailed email about what occurred at the event to the director, the teacher concerned, the principal, the deputy and other staff.
‘I find that (her) email upset (the director) and triggered the contrived and flawed subsequent sequence of events that led to (her) dismissal.’
Commissioner Crawford said he could see no other explanation as to why the college had shifted so dramatically from initially supporting her in disciplinary actions towards students to later raising various historical allegations against her and sacking her.
‘I am satisfied that the dismissal of Ms Brownson was unjust and unreasonable,’ Commissioner Crawford ruled.
‘There was not a valid reason for Ms Brownson’s dismissal relating to her conduct or capacity. Ms Brownson was unfairly targeted by Mr Azhari for vindictive personal reasons.’
Finding no valid reason to dismiss the teacher, Commissioner Crawford said ordinarily he would rule the teacher be reinstated but in this case that was not practical due to the breakdown in the relationship between Ms Brownson and Mr Azhari.
‘Although concerns about the conduct of the employer should not ordinarily weigh against reinstatement because it is effectively rewarding bad behaviour, I consider this is quite an extreme case,’ he said.
‘(The director) has demonstrated he is prepared to act inappropriately to achieve his objectives.’
Commissioner Crawford found the teacher would have remained employed for a further five years if she had not been dismissed and awarded her maximum compensation of $55,786.90 plus superannuation.
