Discrimination finding for teacher/former student relationship upheld

The Victorian Supreme Court has dismissed an appeal against an appeal by a Catholic secondary school against a finding by the Victorian Civil and Administrative Tribunal to the effect that the school had unlawfully discriminated against a former teacher by dismissing him because of his involvement in an intimate relationship with a former student, described by the principal at the time as “blurring the boundaries of the teacher-student relationship”, after, it was found, she had graduated from the school. The Victorian Equal Opportunity Act forbids discrimination on the basis of “lawful sexual activity”.
Pearson v Martin (2015) VSC 696 delivered 9 December 2015