In a landmark employment ruling, the partner of a woman convicted of murdering her infant daughter has won his unfair dismissal case against a prestigious private school in Sydney. Patrick Cogan was terminated from his position at St Pius X College in Chatswood, located in Sydney's inner-north, in 2025 after using his school email account for non-work communications.
Background of the Controversial Dismissal
The school claimed Cogan violated policies by using his work email to correspond with various individuals, including politicians, his partner Keli Lane, and her legal representatives. However, employment lawyer Michael Gillis of Gillis Delaney Lawyers argued the dismissal was actually motivated by Cogan's relationship with Lane, who was convicted in 2010 for the death of her two-day-old daughter Tegan Lane in 1996.
Legal Victory and School Policy
On Thursday, the Fair Work Commission ruled in Cogan's favor, determining his termination was unlawful and ordering his reinstatement to his former position. The commission found St Pius X College had an existing internet use policy that explicitly permitted staff to use work emails for personal conversations, undermining the school's stated justification for dismissal.
Michael Gillis emphasized the unprecedented nature of the case: "I've never encountered a situation where an employer has adversely affected an employee's ongoing employment because of their relationship with someone convicted of a criminal offense. After 27 years of loyal service to St Pius X College, its students, parents, and staff, he has lost his job over this association."
Timeline of Events and Media Involvement
The controversy escalated when Cogan informed school administrators in early May 2025 that he had received an email from the television program 60 Minutes on his work account. Although he didn't provide a statement to the outlet and promised to keep the school informed about any potential interview—a courtesy he wasn't obligated to provide—the institution allegedly drew its own conclusions about his involvement.
Cogan was prominently featured in the subsequent program, after which the school received its first complaint about his relationship with Lane. According to Gillis, this complaint came from a parent who simply stated it was "not a good look for the school." Notably, no complaints had been registered before Channel Nine reported on Cogan's dismissal.
Relationship Context and Legal Support
Cogan and Lane began dating in 2008, two years before her imprisonment for the murder of her infant daughter. Lane had claimed she gave the child to the father, who then disappeared, but was convicted based on the evidence presented. In 2024, she was denied parole but granted a day release specifically to support Cogan during his Fair Work Commission hearing.
Gillis further argued: "Activities outside of work should never and can never be controlled by an employer, unless that activity could adversely affect the employer or the employee's ability to provide services. This dismissal cannot be connected to his contract of employment or his performance of duties, which he fulfilled without any complaints from the school."
Broader Implications for Employment Law
The case raises significant questions about employer jurisdiction over employees' personal relationships and associations. The ruling establishes that termination based solely on an employee's relationship with someone convicted of a crime—without evidence of impact on job performance—constitutes unfair dismissal under Australian employment law.
Following the Fair Work Commission's decision, it is understood that Patrick Cogan will resume his employment at St Pius X College. The outcome serves as a cautionary tale for educational institutions and employers generally about the limits of their authority regarding staff members' private lives and associations.
