Home | Member Updates | Academic overtime claim dismissed: Fair Work Commission Rules on Workload limits
Summary: Federal Court backs University of Sydney, rejecting NTEU appeal over Tim Anderson’s dismissal for swastika flag image in lecture.
This case was in relation to the University dismissing a Human Rights Lecturer, Tim Anderson in early 2019 for including the swastika image on an Israeli flag in teaching materials during a lecture, uploaded to YouTube about “reading through propaganda” storms. The lecturer had been employed for 20 years with the University.
The University made the decision to dismiss the Lecturer after repeatedly warning him about his social media posts and after deciding that his conduct, in this instance, amounted to serious misconduct and breached agreement obligations, his employment contract, the University’s code of conduct and its public comment policy.
At first instance, Justice Thomas Thawley found that Anderson could not rely on the intellectual freedom clause in the University’s 2018 agreement. This was then successfully appealed by the NTEU and his Justice ordered the University to reinstate and backpay the lecturer $400,000 in 2024.
The University appealed this decision, and a full Federal Court majority found that the lecturer could not prove that his “incendiary” conduct fell under intellectual freedom protections and ordered that the University did not have to reinstate the Lecturer.
Interestingly Justice Lee, who formed the majority, described the case as a “procedural mess” indicating that there was a lack of clarity with the pleadings and the submissions and that the primary judge did not receive the assistance his Honour was entitled to expect from the University parties.
Disclaimer
This update does not constitute legal advice and should not be relied upon as such. It is intended only to provide a summary and general overview on matters of interest and it is not intended to be comprehensive. You should seek legal or other professional advice before acting or relying on any of the content.
Any questions?
Don’t pay to outsource legal services you already have access to.
- AHEIA UniLegal offers a unique combination of sector-specific expertise and cost-effective legal support tailored exclusively for the higher education sector.
- Our team of experienced professionals understands the intricate challenges universities face, providing insights that generic legal services simply can't match.
- As part of your AHEIA membership, this service comes at no additional cost, potentially saving your institution thousands in external legal fees.
We offer comprehensive coverage, handling everything from complex case preparations to sensitive workplace investigations, ensuring you're supported across all aspects of your legal needs. You also have unlimited access to our "Uplift Services," including informative seminars and specialised advice lines, all designed to enhance your team's capabilities without impacting your budget. With AHEIA UniLegal, you're not just getting legal support - you're gaining a partner who understands your world and is committed to your success.