4 days ago
EXCLUSIVE Teacher Michelle Martin sues Cairns Rudolf Steiner School over right to disconnect laws
A former primary school teacher has claimed she was unfairly sacked for allegedly raising complaints with her employer and refusing to respond outside working hours.
Michelle Martin, who was a Class 1 teacher at Cairns Rudolf Steiner School in Kuranda State Forest, Queensland, filed a statement of claim in federal court in May.
In it, she accused the independent school, which is also run under the name Cairns Hinterland Steiner, of unfair dismissal and has sought a payout of $780,000.
Ms Martin alleged she was targeted after complaining about child safety and a person reviewing the school.
She also said they insisted on contacting her during the holiday period, when she was exercising her 'right to disconnect'.
Under laws launched by the Albanese government in August 2024, employees have the right to refuse employer or third-party contact outside working hours.
By citing the law in her statement, Ms Martin's case is understood to be a first for Australia in referencing the new workplace rules.
'Teaching is the only profession that creates all others,' Ms Martin's legal representative Tom O'Donnell, from O'Donnell Legal, told Daily Mail Australia.
'We understand this case may help clarify how the Right to Disconnect provisions operate in practice - not just for teachers, but for all Australian workers.'
In March, the Fair Work Commission heard that Ms Martin made two complaints to the school between January and March last year.
She then took leave due to stress and a medical report informed the school on August 27 that discussing the prospect of not returning to work could make exacerbate it.
The commission also heard that discussing potential legal consequences, negative feedback or warnings could also negatively impact her.
On September 12, despite recommendations and during school holiday, the school emailed Ms Martin a letter setting out six allegations of 'management matters'.
The letter told her to respond in writing by close of business in eight days, still during the holiday period.
Ms Martin responded through her solicitor, pointing out that it was the school holidays and that she was receiving treatment for a medical condition.
'The response referred to the right to disconnect... and proposed a revised date,' the commission heard, but the school maintained Ms Martin was not on holiday.
On October 8, Ms Martin was dismissed, 'purportedly based on (her) failure to respond to the allegations,' the commission heard.
The school refuted allegations it had breached workplace rights or contraventions during the commission's hearing. Daily Mail Australia has contacted it for comment.
In Ms Martin's statement of claim, filed on May 2, she argued she lost out on thousands of dollars.
She claimed she would have stayed on in the role for six years, which meant she lost $730,000 in income. She also requested $50,000 for hurt and humiliation.
Her claim said the refusal to extend the deadline to respond, and the decision to sack her, 'directly or indirectly prevented the applicant from exercising her right to disconnect'.
'For Ms Martin and her family, these proceedings represent her legal right to seek redress following the termination of her employment as a teacher,' Mr O'Donnell said.
With legal proceedings underway, Mr O'Donnell said it would be inappropriate to comment on specific details of the case.
According to the new workplace laws, a worker can legally ignore calls and texts from their boss out of hours.
But it doesn't apply to emergencies, and working out what's reasonable includes the reason for making contact, how disruptive it is, the nature of someone's job and their personal circumstances including caring responsibilities.
