Lollipop man Simon Sindl recommended for dismissal after ice cream purchase near primary school

A Melbourne lollipop man who bought a group of kids ice creams in what he says is an act of kindness has been accused of “serious misconduct”.

Simon Sindl was a school crossing supervisor at Olympic Village Primary School.

A school crossing supervisor who bought a group of students an ice cream after they asked him for money fears his good-natured act has stained him as a possible danger to kids.

Simon Sindl, who monitored a crossing outside Heidelberg West’s Olympic Village Primary School, said he had finished his shift on May 6 when a group of children he knew in passing asked him for money.

Instead of handing out cash, he bought them each an ice cream from a nearby corner store.

Mr Sindl said he had received a nod of approval from one of parents before doing so.

Simon Sindl bought the children ice cream as a “simple act of kindness”.

r Sindl, who is on the autism spectrum, at first felt good about what he saw as a “simple act of kindness”.

Later that night, however, he told his wife Jannette Blennerhassett about what he had done and she warned his actions could be misconstrued as something more sinister, such as grooming.

When word of the paddle pop purchase got back to Mr Sindl’s employer Banyule Council he was stood down while his actions were investigated.

Until the incident, Mr Sindl said he had only missed two days of work in the four years he did the job.

Mr Sindl lives with complex mental health conditions and was incapacitated for years following a serious transport accident.

Mr Sindl had been a school crossing supervisor at Olympic Village Primary School for four years.

After he was stood down, Mr Sindl’s mental health spiralled.

He received a phone call, while alone, from a council employee telling him he would be recommended for dismissal on May 29.

This phone call left Mr Sindl’s wife “appalled” and “furious” as she claimed the council was aware of Mr Sindl’s complex mental health history and had breached its duty of care by delivering the news in such an abrupt manner.

Mr Sindl, who quit his job before he was officially fired, said he had not yet recovered from the news.

He has struggled to leave his home because of his anxiety and had returned to being on the NDIS.

His claim for WorkCover had also been accepted.

In a letter sent to Mr Sindl and seen by the Herald Sun, Banyule Council described his actions as “inappropriate conduct towards children”.

“While you may have thought (purchasing the ice creams was) … a gesture of good will at the time, your actions could have caused imminent and serious risk to the health

of a minor,” the letter read.

“Regardless of whether a child asks for a treat, as the adult, the response should have simply been ‘No’.”

In the correspondence, the council informed Mr Sindl his actions would be reported to the Commission for Children and Young People.

The council further asserted witnesses who observed the ice cream purchase had an “uneasy feeling”, adding Mr Sindl knew his conduct was wrong because he asked the children not to say anything.

Mr Sindl quit before he was officially dismissed. Generic image.

Mr Sindl said he only asked the children to keep quiet because he did not want to shout the entire school sweets.

He described his actions as “naive” but “not harmful”.

Ms Blennerhassett said the whole incident showed a lack of common sense.

“I don’t think this is the way to protect children,” she said.

A council confirmed Mr Sindl’s employment ended on May 31.

He would not, however, comment further on the matter citing the “private and confidential” nature of employment matters.