Church worker loses unfair dismissal bid after secret affair with colleague who sent him explicit images ended in AVO fallout

A church worker who was sacked over an intimate affair with a colleague, which ended in an AVO being taken out against him, has failed in claiming he was unfairly dismissed.

Martyn Childs worked at the Greek Orthodox Parish of St Spyridon for only seven months, before he was dismissed on July 14, after which he texted his former employer saying he would ‘see them in court’.

In his application to the commission, Mr Childs asserted his dismissal was unfair because the woman he had an affair with had not been dismissed.

However, the parish pointed out that she had actually resigned.

Mr Childs also sought an extension for his application, which was filed one day late. He explained that his reasons for the delay were because of a knee injury he had suffered while at work, as well as his mother’s ill health.

This request for an extension was declined after the FWC found they could not establish exceptional circumstances.

However, the FWC’s published decision outlined the events leading up to Mr Child’s dismissal, which was prompted by ‘a number of conduct-related issues’, namely ‘an intimate relationship’ with a colleague, which ‘he failed to disclose’ to the church’.

According to the decision published last Friday, Mr Childs ‘received sexually explicit images and videos from his colleague’ which he ‘failed to appropriately discourage or report’ to the parish.

When the relationship ended between the two, Mr Childs allegedly ‘repeatedly contacted his colleague in an intimidating way’, the FWC’s decision states.

The parish then became aware that an apprehended domestic violence order was taken out against Mr Childs in response to that contact.

He also allegedly made ‘inappropriate and threatening comments about another senior colleague’ the FWC’s decision said.

The parish considered that Mr Childs’ conduct was ‘inconsistent with the standards expected of a senior employee, particularly regarding workplace health and safety and the trust required in his role’.

Prior to a final decision being made regarding his dismissal, Mr Childs was given opportunities to respond to the allegations during interviews and a ‘show cause meeting’.

According to the published decision, Mr Childs did not deny the conduct but asserted that the church’s investigation was ‘biased’ because it was not conducted independently.

He also argued that other colleagues within the parish would use threatening behaviour, and that such conduct was not unique to him.

In considering the application, Deputy President Tony Slevin found there had been a valid reason for dismissal, noting Mr Childs ‘concedes that the conduct that led to the dismissal occurred’.

Furthermore, Mr Childs’ argument about his colleague and former affair partner not having been dismissed, ‘carries little weight given her resignation,’ Deputy President Slevin found.

Deputy President Slevin also considered that Mr Childs was offered ‘procedural fairness’ and an adequate opportunity to respond, and found that bias was not evident ‘on the face of the documents provided’.