Irene McCormack Catholic College

Jul 13, 2023

Advertisement A Perth private school teacher has lost his unfair dismissal claim after he was sacked following an investigation which found he got into a physical altercation with a female student last year. Irene McCormack Catholic College maths teacher Jeb Hendricks was accused of grabbing a student by her backpack and ponytail during an incident in mid-2022 after he spotted the girl throwing a stick at other students as a large cohort walked along a footpath on their way back to the Butler school grounds. Irene McCormack Catholic College maths teacher Jeb Hendricks was dismissed last year. Hendricks, a former US Navy Commander, witnessed the incident and asked the girl to walk alongside him for the rest of the journey. When she refused, the teacher allegedly grabbed her from behind and shouted at her. An investigation by the school found, on the basis of probabilities, Hendricks made forceful contact with the student’s bag twice, the second time grabbing the student’s hair and pulling it, and placed both his hands on her, physically holding her while engaging in a loud, heated verbal exchange. The student immediately complained to another teacher who was also walking with the group, and Hendricks was stood down from his teaching duties while an investigation was carried out. After speaking with several student and teacher witnesses, Hendricks was fired from the school. Last month he unsuccessfully challenged his dismissal through the FairWork Commission, which found his sacking was not harsh or unreasonable. FWC deputy president Melanie Binet said the physical intervention and verbal aggression engaged by Hendricks was not appropriate. “Mr Hendricks is not a young and inexperienced teacher who might easily become flustered or who had not had the opportunity to have established his authority among the student cohort,” she said. Advertisement “Mr Hendricks is a man of maturity and solid build. He has been a teacher for some time and is not new to the school. His physical size, speech and the manner in which he carries himself gives an air of authority. “The student with whom he engaged was a fifteen year-old Indigenous girl. He did not know the student, so had no reason to presume that she had behavioural difficulties which might require assertive restraint.” Loading In a witness statement provided to the school, the girl claimed she initially thought the person tugging on her bag was another student. “I didn’t pay much attention then I felt someone pull my ponytail so I turned around to see Mr Hendricks was the one pulling my bag and hair,” she said. “I then swore at him and he got in my face and said don’t talk or disrespect me like that and then I said don’t touch or pull my hair. He then grabs my arms and pulls me closer and says don’t talk to me or disrespect me again.” Another teacher who witnessed the altercation said she was fearful a fight was going to break out between the pair during the heated exchange. In defending his actions, Hendricks responded to the school’s decision to dismiss him saying he used the minimum of force necessary to perform his responsibilities as a teacher. “Ultimately, the complainant made several bad choices leading up to this point including disregarding a teacher’s (my) direct instruction multiple times,” he said. “Had any of these choices not occurred, none of what happened would have been necessary. “Based on my review of the investigation findings and my understanding of a teacher’s responsibilities, I performed my job well though some strands of hair may have been unintentionally caught up in the situation. “As such, no misconduct occurred on my part. The complainant’s misconduct, however, is obvious.” Hendricks was seeking to be reinstated in his job and remunerated, or alternatively compensated as he claimed he was struggling to find a new job since his sacking. In response, Irene McCormack Catholic College Principal Peter Collins said there were 450 jobs advertised on the Department of Education’s website at the time. The Morning Edition newsletter is our guide to the day’s most important and interesting stories, analysis and insights. Sign up here . Save