Group chats, DMs, and ice-bath selfies: How this teacher won his unfair dismissal case

A popular teacher and coach accused of alleged misconduct received compensation for a “disproportionate” sanction.

Jack Gibson commenced employment at ACT-based school Erindale College as a teacher in January 2023 and was dismissed on 30 August 2024 for inappropriate behaviour and breaching his professional boundaries.

Gibson coached for the Tuggeranong Netball Association. He submitted character references to the Fair Work Commission, which included statements from sporting and teaching colleagues and a parent saying that he was “highly regarded”, an “exceptional, quality, and sensible leader”, and ”professional, caring, and kind”.

On 16 January 2026, after three hearings, deputy president Lyndall Dean ruled that although Gibson’s dismissal was valid, it was a harsh and disproportionate consequence as he was an “outstanding teacher”.

Allegations of misconduct

In allegations by his employer, Gibson was found to have engaged in misconduct on multiple occasions: texting his students while he was on leave, driving his students to sporting events, and taking a photo for students sitting in an ice bath.

In a letter to Gibson from the ACT public sector education directorate (ACT), it alleged: “Sometime in mid-2023, you attended the Strength & Sports Recovery Centre in Fyshwick with students from Erindale College, taking a photo of them in an ice bath using the app BeReal which showed you were in the room with them.”

In a response statement, Gibson said: “The girls were encouraged to take photographs to promote the business however that shouldn’t have involved me in those photos.”

Gibson submitted that he did not know the functionality of the BeReal app and that a student had asked him to take the photo on her phone.

Despite this, Gibson admitted that this constituted misconduct, citing a “poor lack of judgment from myself, and I should have understood the consequences of that and the perceptions around that photo”.

In addition, on 26 May 2023 and in mid-2023, the commission heard that Gibson drove students from Erindale College to and from two sporting events – which ACT submitted was not a school-organised event and was outside of Gibson’s role as a classroom teacher.

In his statements, Gibson said he had made these pick-ups and drop-offs in good will; however, he admitted that his misconduct was a “clear breach of conduct” and a “poor error in judgment”.

On 29 August 2024, ACT sent Gibson a letter titled “Final Sanction following an Admission Statement process” after sending an initial letter on 29 July 2024 proposing termination as a sanction for his misconduct.

This 29 August letter confirmed that it would terminate Gibson, effective 30 August 2024.

Harsh, but valid

Dean ruled that Gibson’s dismissal due to misconduct was valid and accepted ACT’s submission that “his role as a teacher is one of significant trust, and the importance of maintaining appropriate boundaries is vital”.

However, despite the erosion of trust, Dean noted that Gibson’s dismissal “could lead to the cancellation of his professional registration as a teacher … a catastrophic consequence, denying him not only his job, but his career … I consider that his inability to be able to teach again would be a harsh and disproportionate consequence.”

The commission ruled that the dismissal would be harsh, thus accepting Gibson’s unfair dismissal application.

In determining the appropriate unfair dismissal remedy, the deputy president found that reinstatement would be inappropriate as the principal and deputy principal of Erindale College said they had “lost trust in the [Gibson’s] ability to maintain professional boundaries with students”.

Thus, the commission ruled that compensation be appropriate, ordering the ACT public sector education directorate to pay Gibson five months of base salary in compensation – accounting for six months in lost wages, less one month for misconduct.

The case citation: Jack Gibson v Australian Capital Territory (Represented by ACT Education Directorate) (U2024/10441).