Two tribunal rulings have delivered contrasting outcomes for Australian teachers accused of crossing professional boundaries, underscoring how differently misconduct cases can be judged.
Tribunal upholds dismissal after registration cancelled
A South Australian teacher has lost his bid to regain employment after the SA Employment Tribunal upheld his termination by the Department for Education, according to a ruling published last week by ABC News.
Christopher Asikas had asked the tribunal to review the department’s decision after the SA Teachers Registration Board cancelled his registration in December 2024. The board found Asikas engaged in conduct that was “both improper and disgraceful,” Judge Tony Rossi wrote in the ruling.
The tribunal noted Asikas first engaged in inappropriate conduct during a student teaching placement at an all-girls college. In 2015, he admitted making “inappropriate comments of an overly familiar nature in approximately 91 emails” with students and providing them with his personal email address.
Later allegations included “abusive and stalking behaviour” toward a former partner and “boundary issues” during interactions with other women, the ruling said. Asikas came to the board’s attention after he was charged with two counts of aggravated stalking in November 2022, though the charges were later withdrawn.
“Overall, there were four women who were subjected to similar inappropriate behaviour by Mr Asikas,” Rossi said in his ruling.
Forensic psychologists found Asikas had “obsessional personality traits” and that his behaviour was “consistent with the Rejected Stalker type,” according to the judgment. Rossi noted Asikas could seek re-registration after completing treatment and demonstrating he is “a fit and proper person to be a registered teacher.”
ACT teacher wins unfair dismissal claim
Meanwhile, an ACT high school teacher has won his unfair dismissal case despite being sacked for inappropriate behaviour with students, Region Canberra reported.
The Fair Work Commission found the unnamed teacher was unfairly dismissed and ordered the ACT Education Directorate to pay him five months’ wages in compensation, reduced by one month because of his misconduct.
The teacher admitted taking a photo of three students in an ice bath at a sports recovery centre using BeReal, messaging students on Instagram, and driving students to sporting events.
“As I have said repeatedly, all of these allegations are a very, very poor error in judgment, and I was trying to do something in good will and jest, but not following the right procedures and protocols around it,” the teacher said.
Deputy president Lyndall Dean said no allegations involved sexual misconduct but found the teacher had engaged in “undeclared, improper communications” that breached professional boundaries. While she found there was a valid reason for dismissal, Dean ruled the consequence was harsh given it could effectively end his teaching career.