不公平解聘案例

AustraliaBritish teacher wins unfair dismissal case over use of f-word on worksheet A British teacher who was fired by a Sydney college because he gave a class to adult students about the f-word has won his case for unfair dismissal after he argued that he was trying to teach his pupils how not to use the swear word. By Bonnie Malkin, Sydney 5:23PM BST 13 Apr 2011 Luke Webster lost his job at Mercury Colleges when it emerged that he had handed non-English speaking students a worksheet that asked them to consider if the swear word was being used as a verb or a noun in several different sentences.When the unorthodox teaching method came to light, the management of the college was appalled, telling Mr Webster in his dismissal letter that: We are not in the business of teaching profanity. Andrew Waters, the director of studies at the time, said the material was highly offensive and constituted gross misconduct that would not be considered acceptable at the college or any workplace in Australia.After he was fired in 2009, Mr Webster, who had lived and worked in Sydney for two years, was forced to return to Britain because his temporary visa became invalid when he was unemployed.But he decided to fight the decision from Britain, giving evidence at the unfair dismissal tribunal via videolink from Nottingham.Related Articles Teacher fired for imposing discipline wins employment tribunal 29 Aug 2010 Teacher pursues seven-year battle to return to classroom after being acquitted of sexual assault 14 Jan 2011 In his submission, Mr Webster argued that the worksheet was designed to explain when the word is offensive and when it is not, and to encourage students to exercise caution.He said there was no evidence any students had complained about the lesson and he was, in fact, teaching them how not to use the f-word.He said the exercise took up no more than 20 minutes in a two-hour lesson.At the end of the lesson, I pointed out that non-native speakers should not use the f-word themselves, he said in a written submission.In actuality, I was teaching the high level adult students how NOT to use the f-word, which isnt clear to many students who have native English speaking friends, or watch Hollywood movies, and who tend to overuse the word.The tribunal found Mr Websters use of the swear word during the lesson was a valid reason for his sacking, but ruled that he was not given an opportunity to respond to the colleges claim that he had behaved inappropriately.Lea Drake, the tribunals senior deputy president, said the sacking was harsh, unjust and unreasonable.Mr Websters conduct did not justify termination of employment without notice, she said, adding that he could be entitled to a compensation payout. 卢克韦伯斯特丢了他的工作,当它出现在水星院校,他把不讲英语的学生一个工作表,要求他们考虑如果发誓的话被用作动词或名词在几个不同的句子。当不同寻常的教学方法来光、管理学院非常震惊,告诉他信先生解雇韦伯斯特所说:“我们不是在商业教学的亵渎。”安德鲁的水域,导演的时候说,研究材料是一种极其无礼的说法”,构成“严重失职而不被认为是可以接受的在大学”或者任何工作场所在澳大利亚”。之后,在2009年,他被解雇了,先生。韦伯斯特在悉尼住,并在那里工作了两年,被迫返回英国,因为他的临时签证作废了的时候,他是失业。但他决心战胜了来自英国,拿出证据来决定在不公平解雇的法庭通过视频连接从诺丁汉。韦伯先生在他投降,认为在工作表中被设计来解释“当这个词是进攻,当它不是,并鼓励学生应该谨慎”。他说,没有证据显示任何学生都抱怨对这节课,他是,事实上,教导他们“怎么不使用的前面。”他说,锻炼拿起不超过20分钟,在两小时的课。“到了最后一课,我指出非英语母语人士不应使用自己的前面,他说,在一份书面提交。“实际上,我教高水平的成人学生如何不去使用的前面,这还不清楚许多学