In response to the applicant, a teacher, filing an unfair dismissal claim, the respondent, her employer, filed an interlocutory application for an order that the applicant’s unfair dismissal claim be dismissed. The respondent cited alleged misconduct toward potential witnesses, particularly a former student of the applicant, and requested discovery of the text messages exchanged with the student.  

The respondent contended that the applicant's text messages to the student constituted improper conduct aimed at influencing her testimony, potentially interfering with the administration of justice. The applicant denied wrongdoing, asserting that the messages ended positively and maturely.  

Commissioner Tsang examined whether the applicant's conduct constituted misconduct as defined by the law. Ultimately, the Commissioner concluded that the messages were objectively intimidatory and harassing, given the applicant's status as a registered teacher. Accordingly, the Commissioner dismissed the applicant’s unfair dismissal claim, upholding the respondent’s interlocutory application. 

The decision can be read here. 

Decision issued Monday, 18 March 2024.