Back pay for teacher accused of indecent assault

A Queensland state school teacher suspended without pay over an allegation of historical indecent assault of a student for which he was subsequently acquitted will have his pay reinstated and get four months’ back pay.

A Queensland state school teacher suspended without pay over an allegation of historical indecent assault of a student, for which he was subsequently acquitted by a jury, will have his pay reinstated and get four months’ back pay.

The teacher, who cannot be identified, worked as a senior instrumental music teacher on the Gold Coast, according to a recently published Queensland Industrial Relations Commission decision.

In January 2020, the Department of Education was notified of an indecent assault allegation against the teacher and he was suspended with pay the following month, according to the decision.

In May 2020, the decision states he was charged with indecent assault of a young person.

The following month his Blue Card was suspended and in December 2021 his suspension was changed to one without pay for a period of six months.

In February, he was found not guilty of indecent assault by a jury at trial.

The following month, his lawyers wrote to the department requesting his suspension be revoked.

In June, the department decided to continue the teacher’s suspension without pay for a further six months.

The department’s internal investigation into the allegation was ongoing, according to the decision.

The teacher appealed the department’s decision at the Queensland Industrial Relations Commission.

His legal team argued the department employee who extended his suspension without pay did not have the authority, did not consider alternative options such as allowing him to do office work, and the original reasons for suspending him had been negated by his acquittal at trial.

He also argued his employment was unlikely to be terminated following the acquittal, there was a shortage of Queensland teachers and particularly male ones, and six months since his acquittal he had not been contacted by the department about its internal investigation.

On the other hand, the department argued it was appropriate to suspend the teacher without pay given the nature of the matter and they rightly deferred the internal disciplinary process until after the court case had concluded.

The department also said it would not have been in the public interest to continue paying the teacher during his suspension, and he was afforded natural justice by having the opportunity to respond to his proposed suspension without pay before it was made official.

Ultimately, Industrial Commissioner Roslyn McLennan sided with the teacher and ordered his ongoing suspension be with pay, and the department give him four months’ back pay from when they decided to extend his suspension without pay.

Industrial Commissioner McLennan also ordered the department to conduct a fresh review of alternative duties the teacher could perform.

“It does not appear, on the materials before me, that the department’s internal investigations have progressed since the acquittal,” she ruled.

“The appellant has gained extensive professional and institutional knowledge during his service and the department has failed to evidence consideration of any alternative duties or meaningful work available for the appellant to perform, that may utilise either the knowledge or other ‘transferable skills’ honed over that time.

“The financial impact of the decision is significant with the appellant indicating he could be subject to financial ruin.”