[Muanet] Judge slams Wollongong Uni's behaviour

[Dion Giles]

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By Aban Contractor, Higher Education Writer , Sydney Morning Herald,
Thursday 27 February, 2002, p.3

http://www.smh.com.au/news/0202/28/national/national27.html

The University of Wollongong gave an academic less natural justice than a 
murderer could expect when it sacked him without warning a year ago, a 
Federal Court judge said yesterday. Justice Murray Wilcox, presiding at a 
full bench hearing of an appeal by the university against a judgement that 
it had erred when it sacked Dr Ted Steele, said he was shocked by the 
university's behaviour.

"I find it remarkable that a university, of all institutions, of all 
employers, an institution that we've been brought up to regard as open and 
liberal and fair, should seek to exercise the power to sack somebody for 
discipline reasons without giving notification to them - I find [it] 
extraordinary, I have to say.

"Look, even murderers are entitled to be heard in their defence. The 
suggestion that an academic, whatever his or her offence, is not allowed to 
make a defence - for a university to put that proposition, I repeat, I just 
find it a shocking proposition."
Dr Steele, a senior biologist who had been at the University of Wollongong 
for 16 years, was sacked by the vice-chancellor, Professor Gerard Sutton, 
after telling the Herald at the height of last year's furore over soft 
marking that he had been told to upgrade student marks.

Another appeal judge, Justice Richard Conti, said the kind of allegations 
made by Dr Steele appeared to be "legion" as a result of the funding 
difficulties faced by universities in recent years.

"I read the newspapers and I hear from friends in university - those sorts 
of complaints are legion. I don't know [what the] big deal is."
Counsel for the university, Geoffrey Flick, SC, told the court that the 
university regarded the case as important because it wanted to know if it 
had the power to sack an employee without notice. "As we would have it, it 
would be exceptional to deny an employer that power."

But Justice Wilcox said it would be a very exceptional employer that could 
lay claim to such a power. "And for that to be claimed by a university, it 
shocks me a little."

A spokesman for the university said outside the court that the judges' 
comments were made without access to the full facts of the case.

"The university firmly rejects any suggestion that Dr Steele was denied an 
opportunity to have his say," he said. "Dr Steele was given a number of 
opportunities to substantiate his claims and was unable to do so."

The president of the National Tertiary Education Union, Carolyn Allport, 
said Dr Steele had been without work and pay for a year.
"We remain confident that the full Federal Court will confirm Justice 
Branson's earlier decision and that we will soon see Dr Steele reinstated," 
she said.

"We believe that this will send an important message to all university 
managers that allegations against staff must be tested before dismissal is 
considered."

The court reserved its judgement and is expected to rule within weeks.



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Passed on by Dion Giles


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