University of Wollongong dismissal case - Federal Court finds in favour of NTEU
8 August 2001
In an important decision handed down today in the Federal Court, Justice Branson has found that the NTEU\'s Agreement with the University of Wollongong prohibits the dismissal of an academic staff member without due process.
Clause 61 of the University\'s Enterprise Agreement requires that before an academic can be dismissed he/she is entitled to a hearing before a Committee where he/she can respond to charges of misconduct or unsatisfactory performance. In January this year the University dismissed Dr Ted Steele, an Associate Professor, without following those procedures.
In finding in favour of the Union\'s interpretation of the Agreement, Her Honour said:
\"I conclude that subcl 59.2 of the Agreement does not authorise the termination of an employee whose employment is subject to the Agreement without the Vice-Chancellor taking the steps in cl 61 of the Agreement.\"
NTEU General Secretary Grahame McCulloch said:
\"The Court\'s Decision is a victory for all Australian academic staff. Without the protection from arbitrary dismissal enshrined in our Enterprise Agreements, staff will be fearful to express unpopular or controversial views. Without these protections, the very idea of a University is undermined. The unfortunate part of this case is that it has been the union which has had to establish this principle against the opposition of the University management.\"
University of Wollongong NTEU Branch President Ron Perrin called on Wollongong Vice-Chancellor Gerard Sutton to consider his position carefully, following the decision.
\"The Vice-Chancellor has, by his arbitrary actions in breach of our Agreement, brought the University into disrepute,\" he said.
Her Honour has not yet made any formal orders in relation to breaches, penalty or compensation, allowing the parties five days in which to either reach agreement or apply further to the Court.