The Fair Work Commission has reinstated the partner of convicted child murderer Keli Lane to his teaching position after it found he had been unfairly dismissed. The teacher had been a steadfast supporter of Ms. Lane, who has been in prison since 2010. The school dismissed him for not providing advance warning of his participation in a 60 Minutes story about Ms. Lane. However, the Commission found that he had been upfront about his media engagements and had been denied procedural fairness.
In this article, we look at the events of this unfair dismissal NSW case, Mr. Patrick Cogan v Edmund Rice Education Australia New South Wales Colleges Ltd Trading AS St Pius X College, Chatswood [2026]. Later, we look at the story of a Jetstar pilot who lodged an unfair dismissal claim while facing trial for a double murder.
Fair Work shocks school by reinstating baby killer’s partner
Patrick Cogan started working at St. Pius X College on Sydney’s North Shore in 1997. Over the course of his 27 years of service, he maintained what the Fair Work Commission described as a “clean disciplinary record.” At the time of his termination of employment, Mr. Cogan was working as a physical education teacher. He previously had stints coaching the St Pius X College rugby team. The events leading to Mr. Cogan’s termination of employment were caused by his long-standing relationship with his partner Keli Lane.
The story of Ms. Lane has been highly publicised. Following her 2010 conviction for the murder of her infant child in 1996, Ms. Lane was sentenced to 18 years in prison. Despite multiple failed attempts to appeal the conviction, she has consistently maintained her innocence. The body of Ms. Lane’s daughter was never found. Because of this, she was denied parole in 2024. This was due to legislative changes that precluded parole for murder convictions unless the offender assists in the recovery of the victim’s remains.
Unfair dismissal NSW: Teacher’s support for partner bled into professional life
In 2023, Ms. Lane was identified as one of the victims in a high-profile criminal case involving a corrective services officer who sexually assaulted inmates. She subsequently pursued legal action against the NSW government. During all her legal battles, Mr. Cogan steadfastly supported Ms. Lane. His efforts to support her increased following the 2023 criminal case. This included managing communications with legal counsel. He also helped Ms. Lane manage various external stakeholders in the media, political, and academic spheres.
St. Pius X College’s concerns were rooted in how Mr. Cogan managed his support for Ms. Lane alongside his professional duties. The school first voiced its concerns in February 2025. This came after a Corrective Services NSW employee made contact regarding Mr. Cogan’s use of his school email to contact the department. During a casual playground conversation, the school’s HR manager directed Mr. Cogan to stop using his work email for correspondence related to Ms. Lane.
School was ‘surprised’ by teacher’s appearance in newspaper
Then in March 2025, the HR manager engaged Mr. Cogan in what the former told him was an “are you okay” conversation. This came about after an article was published in The Australian about the sexual abuse Ms. Lane had suffered in prison. The article referred to Mr. Cogan and his relationship to Ms. Lane, and featured direct quotes from him. The manager told Mr. Cogan that he was “surprised” to read the story in the newspaper.
He told Mr. Cogan that he and the acting school principal “would have appreciated an advance warning” that his photo was taken and that he had made statements to a journalist. St. Pius X College later sought to rely on this informal exchange as a formal, lawful direction for Mr. Cogan to notify the school in advance of any media engagements. Mr. Cogan would later tell the Fair Work Commission that he volunteered to do this and was not directed to do so.
Unfair dismissal NSW: School believed teacher was dishonest about 60 Minutes story
In May 2025, Mr. Cogan informed St. Pius X College that he might be named in a 60 Minutes investigative report. The program told him that he would be a “key contributor” to the story and would receive “meaningful airtime.” The same day, St. Pius X College suspended Mr. Cogan and issued him a show cause letter.
The school alleged he had been dishonest about the extent of his involvement in the 60 Minutes story. St. Pius X College later sent Mr. Cogan a letter stating that he had continued to use his work email for correspondence related to Ms. Lane. The school argued that this violated the direction it had given him in February.
Dismissed for serious misconduct and failing to comply with lawful directions
While Mr. Cogan was on suspension, the situation escalated when he commenced personal leave due to an acute psychological injury. The school requested further medical information under the relevant Multi-Enterprise Agreement. Following a lengthy exchange of correspondence, the school found the medical certificates provided by Mr. Cogan to be insufficient. On 20 October 2025, St. Pius X College issued a final show cause letter, solely focusing on Mr. Cogan’s failure to provide a detailed medical report. Three days later, on 24 October 2025, the school dismissed Mr. Cogan for serious misconduct.
The termination of employment was based on three grounds. Firstly, his failure to disclose active participation in the 60 Minutes program. Secondly, his continued use of his College email for personal matters. And thirdly, his failure to provide the requested medical report. The school stated these issues collectively represented a “pattern of conduct” inconsistent with his contractual obligations.
Unfair dismissal NSW: Teacher argued school encroached on private life
Mr. Cogan subsequently lodged a Fair Work unfair dismissal claim. He argued that the directions he was accused of breaching were neither lawful nor reasonable. This was because they pertained to his private, non-work-related conduct. Mr. Cogan also contended that his actions did not reach the threshold required for termination of employment.
Meanwhile, St. Pius X College argued that Mr. Cogan had continually failed to follow lawful and reasonable directions. It claimed that it was entitled to issue such directions to protect the College’s reputation and ensure it received adequate information regarding an employee’s medical status.
Fair Work: Teacher had not been dishonest about media engagements
Mr. Cogan’s Fair Work unfair dismissal claim was heard by the Fair Work Commission in February 2026. It examined the school’s reasons for his termination of employment. The Commission found that the “are you okay” conversation in March 2025 fell “well short” of a direction related to his employment. It also concluded that Mr. Cogan had complied with his obligations by informing the College about the 60 Minutes story. The Commission observed that the school likely contacted 60 Minutes and determined that Mr. Cogan was more involved in the program than he previously stated.
The Commission concluded that Mr. Cogan’s contact with 60 Minutes only involved discussing his participation in the program. He later provided the school with the emails he had exchanged with 60 Minutes, which the Commission said had rectified any perceived failure of not complying with the direction.
Unfair dismissal NSW: School denied teacher procedural fairness
The Fair Work Commission found that as Mr. Cogan had told the school about his involvement in the 60 Minutes story, this proved that he had not been dishonest about his media dealings. Regarding the school’s demand for an extensive medical report, the Commission said that this was “unreasonable” and went beyond the requirements of the enterprise agreement. While it was acknowledged that Mr. Cogan breached the email policy, it was ruled that this single factor did not justify the severity of dismissal.
The Commission also observed that the school issued three separate show cause letters to Mr. Cogan. However, it had failed to notify him that it was considering his conduct “collectively” as a reason for termination of employment. This denied him a fair opportunity to respond to the case against him.
Finding that Mr. Cogan had been unfairly terminated, the Commission considered a remedy. It rejected the College’s arguments that reinstatement was inappropriate due to reputational risk and a loss of trust. It noted that there was no evidence that Mr. Cogan’s actions had actually caused harm to the school community. The Commission therefore ordered that Mr. Cogan be reinstated to his position with continuity of service and back pay.
Pilot accused of murdering two people challenges unfair dismissal
It’s not often we see Fair Work cases intersect with murderous crimes. But another such story made headlines back in 2022. Fifty-five-year-old pilot Greg Lynn was dismissed by Jetstar after he was arrested for the murder of two campers in remote Victoria. In November 2021, police arrested Mr. Lynn in Gippsland as part of an investigation into the disappearance of Russell Hill, 74, and Carol Clay, 73.
The pair had set out on a camping trip in March 2020 but did not return. Their last known communication was via a high-frequency radio from a secluded campsite. Following the arrest of Mr. Lynn, detectives located human remains in bushland, which were later confirmed to be those of the missing campers. Mr. Lynn was subsequently charged with two counts of murder.
Decided to contest dismissal while facing murder trial
Mr. Lynn engaged the Transport Workers Union of Australia to assist in lodging a Fair Work unfair dismissal claim. The union argued that his termination of employment was a disproportionate response and that Mr. Lynn had been denied procedural fairness. It contended that Mr. Lynn had not been found guilty of any misconduct. Also, that he had proactively informed Jetstar that he was on remand and therefore could not attend work. The union maintained that the airline could have awaited the outcome of the murder trial.
Jetstar argued that as Mr. Lynn was on remand pending trial he would not physically be able to perform his duties for a significant period of time. The airline noted that it made no comment on the criminal charges, but it proceeded to oppose the Fair Work unfair dismissal claim during the preliminary conciliation stage.
Fair Work unfair dismissal claim abandoned, faces retrial for murder
By March 2022, Mr. Lynn decided to withdraw his Fair Work unfair dismissal claim. A union source indicated that the union’s concerns regarding the airline’s application of its termination policy had been eased. Mr. Lynn’s criminal matter, however, has followed a complex path. In June 2024, a Supreme Court jury found him guilty of the murder of Ms. Clay. However, they acquitted him of murdering Mr. Hill. He was subsequently sentenced to 32 years in prison.
Mr. Lynn appealed his conviction, and in December 2025, the Court of Appeal quashed the conviction. The court ruled that the conduct of the prosecution had compromised the fairness of the trial, concluding that it had resulted in a “substantial miscarriage of justice.” The court ordered a retrial specifically for the murder of Ms. Clay. As Mr. Lynn was acquitted of the murder of Mr. Hill, he cannot be retried for that offence due to double jeopardy protections.
Legal experts have noted that the retrial will be complex, particularly regarding the evidence that can be presented. As of April 2026, Mr. Lynn remains in custody, and while legal arguments regarding his bail and the conduct of the retrial are ongoing, a new trial date has not been set.
Stand up for your workplace rights
As you read in this article, employers do not always get it right when they terminate workers. If you believe you have been subjected to an unlawful termination, a constructive dismissal, or have faced adverse action, we can help.
A Whole New Approach (AWNA) assists employees across Australia with Fair Work unfair dismissal claims, workplace bullying and other disputes. We can help you assess whether you have a solid case to take to the Fair Work Commission and help you get the compensation you deserve.
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