Landmark decision on academic dismissal - court slams university treatment of Dr Steele
28 March 2002
The Full Bench of the Federal Court, in a unanimous decision, has today dismissed the appeal by the University of Wollongong against an earlier decision that the University had acted illegally when it sacked outspoken academic Dr Ted Steele in February 2001.
The Court upheld the decision of Justice Branson in August 2001 that the University had no right to instantly dismiss Dr Steele. The Court also upheld that the University was obliged under the enterprise agreement to follow normal fair processes of giving a warning to the employee of the allegations and an opportunity to answer those allegations before a committee of investigation.
The Full Court strongly criticised the University’s argument that it had the right to sack without a hearing as misconceived.
"Whatever might have been the position in bygone days, most contemporary employees enjoy a right to be notified of any allegation of misconduct and an opportunity to answer the allegation, before disciplinary action is taken against them... Common fairness requires the provision of those rights. It is disappointing to find a university, of all employers, claiming not to be under an obligation of common fairness."
Dr Carolyn Allport, President of the National Tertiary Education Union (NTEU), stated that "the decision sends another strong message to all university employers that they must abide by their enterprise agreements based on standards of justice and fairness. We look forward to the University of Wollongong reinstating Dr Steele and letting him get on with his academic career".
In a telling move, the Court also awarded that the University pay the Union's legal costs, which are expected to be over $40,000, in addition to the University’s legal costs.
The NTEU is calling for the Vice-Chancellor to honour his commitment to his own Council to reinstate Dr Steele if the University lost the appeal. The University has acted illegally and is not entitled to place conditions on reinstatement.
Further comment:
Dr Carolyn Allport, NTEU National President, 03 9254 1910 or 0419 349 064
Ron Perrin, NTEU Wollongong Branch President, 0417 294 822
Chris Holley, NTEU NSW Division Industrial Officer, 0418 640 637