Worker at Tasmanian school, accused of grooming children, denied comp claim

A school worker, who tried to claim worker’s compensation after they were accused of grooming children, has been unsuccessful. Here’s what a tribunal found.

A classroom. Picture: Burak Sr

A worker at a Tasmanian school has lost his bid for compensation, after claiming to have suffered injuries as a result of being accused of grooming, and having their work hours changed.

The worker was employed as an “education facility attendant” at a primary school for several years.

In May 2022, the principal of the school raised concerns about the worker’s conduct and he was ordered not to work with students one-on-one or be with groups of students, unless he had permission from the principal.

The worker was investigated by the department for four allegations, and it was found there was evidence to support three, including that he’d breached the state service code of conduct by having one-on-one contact with students, despite the principal’s direction.

A letter from education department secretary Tim Bullard said the worker’s repeated defiance was “extremely serious”.

Mr Bullard said he’d considered terminating the man’s employment, but instead he was reassigned at the school.

“Noting your otherwise unblemished employment record, I have decided to provide you with one final opportunity to demonstrate and maintain appropriate behaviour,” Mr Bullard said in the letter.

Tim Bullard resigned as Department of Education secretary in August. Picture: Nikki Davis-Jones

“I consider this to be an appropriate risk mitigation strategy to place you in a setting where your conduct can be adequately supervised by another education facility attendant, so as to minimise risk of any further breaches … and where the cohort of students are less vulnerable.”

In October last year the worker made a compensation claim, on the basis he had “suffered a psychological injury” when, in a letter from the Department of Education, he was accused of grooming children.

It was determined the employer could reasonably argue they were not liable and they were not required to pay.

The worker was then given the offer to return to work from 2024, on the proviso he did not work with young children.

He was given new working hours of 1pm to 9:30pm which he worked for three days before claiming he’d suffered increased stress and anxiety and stopping work.

The worker then made a second worker’s compensation claim in March this year, claiming the new hours had led to him suffering “a situational crisis causing anxiety and depressive symptoms.”

The Department of Education disputed the claims, asserting if the worker had suffered injury, it had resulted from “reasonable administrative action taken in a reasonable manner”.

Tasmanian Civil and Administrative Tribunal senior member Lucinda Jack said she accepted it could be argued the worker had suffered a new psychological injury when he was reassigned, but she said the employer could avoid liability because administrative action was reasonable.

She ruled compensation not be paid to the worker.

Originally published as Worker at Tasmanian school, accused of grooming children, denied comp claim