Partner of convicted killer wins back teaching job

The decision of a Chatswood boys’ school to terminate a teacher because of his relationship with convicted killer Keli Lane was harsh, unjust and unreasonable, the Fair Work Commission has found.

Having come out on top in his Fair Work Commission fight, physical education teacher Patrick Cogan has won back his position at St Pius College six months after he was unfairly sacked over his relationship with, and advocacy of, convicted murderer Keli Lane.

The school has also been ordered to back pay Cogan his lost wages.

In conversation with HR Leader and Lawyers Weekly before the decision was handed down, Michael Gillis – whose firm Gillis Delaney Lawyers represented Cogan – said it was the first time he had seen someone’s employment impacted because of their relationship with a person who had been convicted of a criminal offence.

“It can’t have anything to do with the contract of employment and his obligations to perform his duties, which he was doing and [doing] without complaint at all by the school,” Gillis said.

Cogan and Lane began their relationship in 2008, two years before she was sentenced to 18 years’ imprisonment with a non-parole period of 13 years and five months for the murder of her baby, Tegan.

The commission noted Cogan has been a “strong supporter” of Lane, including after her parole was denied in 2024 because she did not cooperate in locating Tegan’s body, as required under the “No Body, No Parole” legislation. Lane has continued to maintain her innocence.

Using his school email address, Cogan assisted Lane with lawyers and coordinated support from media, academics and politicians.

Cogan was contacted by an investigative journalist from 60 Minutes last May to discuss a potential interview, and Cogan took steps to inform the college of this as soon as he was able.

Between this meeting and a follow-up discussion, Cogan was contacted by 60 Minutes for the second time and spoke with someone at the media organisation several days later. At that time, Cogan was on leave and had no opportunity to inform the college.

Although his contact with 60 Minutes went no further than a request that Cogan be involved in the story, St Pius had determined Cogan breached an earlier direction to make the school aware before he engaged with, or made statements to, any media.

While FWC deputy president Tony Slevin found Cogan was in breach of the email policy, he was not satisfied that Cogan breached the direction to inform the school ahead of any engagement with media.

Slevin said Cogan had informed the college in advance of any substantive dealings with 60 Minutes at the first meeting and did not have the chance to make the second report before his suspension.

In response to a show cause letter, Cogan provided the college with his full email exchange with 60 Minutes, “thereby rectifying any perceived failure to meet the direction”, Slevin determined.

Around this time, Cogan was asked to provide a medical report to explain his absence. However, the school claimed it was inadequate.

Slevin also pointed to Cogan’s devotion to Lane as a “unique” factor in his case and acknowledged he had struck the right balance between his advocacy of her and his consideration of the school’s reputation.

“The matters in favour of a finding that the dismissal was harsh, unjust or unreasonable include that two of the three concerns cited by the college, breaching directions about media engagement and failing to provide medical information, did not constitute valid reasons for dismissal as they were not sound, defensible or well-founded.

“The third matter concerning use of emails was explained by Cogan’s unique circumstances, and it did not justify dismissal,” Slevin said.

Turning to remedy and Cogan’s reinstatement, Slevin said he was satisfied Cogan would not use his school email address in future other than in accordance with its policies and reasonable directions.

As for his ongoing advocacy of Lane, Slevin said Cogan “is aware of the need to balance his devotion to his partner with his desire that in doing so there is no adverse impact on the college”.

Citation: Mr Patrick Cogan v Edmund Rice Education Australia New South Wales Colleges Ltd trading as St Pius X College, Chatswood (U2025/18249).

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