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The Federal Court has criticised an employer that ignored a recommendation about a misconduct investigation, and instead proceeded to dismiss an employee, noting its "unfortunate" decision breached its enterprise agreement.

Justice John Logan said that while the employer wasn't obligated to act on the recommendation, its failure to do so during a dispute resolution process violated an EA clause that required it to maintain the "status quo" until the matter was finalised.

In February this year, Brisbane Catholic Education informed the teacher that it was investigating allegations she had "squeezed and pulled" two year eight students' ears to indicate which earrings complied with uniform expectations...