Permit me: teachers are too busy in class to be able to take smoke breaks. Common sense dictates this.
If the employer wants to fire the employee for being away from their desk for 69 minutes per day, that's appropriate, too. The problem is that they're mandating him to be away from his desk to smoke. To be fair, they should find some way to ensure that the worker can still be productive while they are reoved from the working area... outside phone calling, smoker-only workrooms, and mundane manual labor duties immediately come to mind. (No help for the nico-fiend teachers, though!)
As stated above, it was making smoking verboten in the workplace that has caused these problems. Repeal that rule, and most of the issues go away. Unfortunately we have a populace and a bureaucracy that both demand that laws and regulations settle all disputes, rather than intelligence, social skills, and diplomacy.