Zhang v University of Canberra
At a glance
- 1
What happened
Felicia Zhang was an employee of the University of Canberra. On 19 January 2015, the University sent notice that it had decided to terminate her employment based on alleged serious misconduct in breach of an enterprise agreement. A review panel had investigated but found no serious misconduct had occurred, although adverse findings were made. The University indicated final decision would be made on 23 January 2015.
What was decided
Justice Greenwood granted an interim injunction restraining the University from terminating Zhang's employment until 4.00 pm on 29 January 2015. The matter was relisted for further consideration of whether the injunction should be extended pending trial. The injunction was granted to preserve the status quo and because there was an arguable case that termination without valid serious misconduct would breach the Fair Work Act.
What it means for employers
Universities must follow proper procedures under enterprise agreements when investigating misconduct allegations. Before terminating employment, employers must establish genuine serious misconduct. Failure to follow procedural fairness requirements may result in court orders preventing termination.
What it means for employees
Employees have the right to procedural fairness when misconduct allegations are investigated. If an employer proceeds to dismiss without proper investigation or a finding of serious misconduct, the employee can seek court orders restraining the dismissal pending a full hearing.
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