A recent unfair dismissal decision provides a timely reminder to employers about proportionality, procedural fairness and the limits of employer control over employees’ personal circumstances.
In Cogan v Edmund Rice Education Australia New South Wales Colleges Ltd [2026] FWC 1117, the FWC ordered the reinstatement of a long‑serving teacher dismissed by St Pius X College in Chatswood. The dismissal was based on alleged breaches of lawful and reasonable directions, professional standards and trust, arising largely from Mr Cogan’s support for his partner, Ms Keli Lane, and dealings associated with her legal and medical circumstances.
The College relied on three grounds:
- failure to disclose media involvement;
- use of a work email account for personal matters relating to Ms Lane; and
- failure to provide a sufficiently detailed medical report.
DP Slevin found two of these did not amount to valid reasons for dismissal. Mr Cogan had adequately notified the College of media interest before being suspended, and had obtained a medical report after the request, which the College could have followed up rather than escalating to disciplinary action.
While the FWC accepted that using a work email account for personal matters breached policy and could constitute a valid reason, it emphasised that not every policy breach will justify dismissal, particularly where mitigating circumstances exist, and the conduct causes no demonstrable harm.
Importantly, the FWC criticised the College’s process, noting Mr Cogan was not told the three issues would be relied on collectively, nor given a proper opportunity to respond. The FWC also took into account Mr Cogan’s long and unblemished service, and the absence of reputational damage to the College relating to his relationship with Ms Lane.
As a key takeaway, disciplinary action must be based on clear, lawful and reasonable directions, applied proportionately and supported by fair process, particularly where conduct intersects with employees’ personal lives.
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