National Tertiary Education Industry Union v University of Sydney
Citation: [2022] FCA 1265
At a glance
- Employees affected
- 1
What happened
A senior lecturer in political economy at the University of Sydney specializing in development, human rights, and Middle East studies used social media platforms to engage in public debate and criticism of media coverage about Syria and other conflicts. Between April and May 2017, following negative media coverage triggered by his commentary on a Syrian gas attack, the senior lecturer made social media comments he characterized as corrections to what he saw as misreporting. The University issued warnings about his conduct and ultimately terminated his employment.
What was decided
The Federal Court found that the University contravened section 50 of the Fair Work Act 2009 (Cth) in its protection of intellectual freedom. The court determined that the senior lecturer's social media comments constituted an exercise of his right to engage in public debate and express unpopular or controversial views as an academic. The University's warnings and termination were imposed because of the senior lecturer's exercise of intellectual freedom, not for any other lawful reason. The court remitted the matter for further determination of appropriate remedies.
What it means for employers
Universities and educational institutions must carefully protect employees' rights to intellectual freedom, including engaging in public debate, expressing research views, and commenting on matters within their expertise. Disciplining or terminating academics primarily for expressing unpopular views or participating in public debate, even on social media, may violate their intellectual freedom rights under modern awards and the Fair Work Act.
What it means for employees
Academic staff have legal protection to engage in public debate and express controversial views related to their research and expertise without fear of disciplinary action or dismissal. However, intellectual freedom rights are exercised subject to requirements to act responsibly and avoid harassment or vilification of others.
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This summary was drafted from the published decision and reviewed before publishing. It is general information, not legal advice. For your specific situation, speak to the Fair Work Ombudsman (13 13 94) or a qualified lawyer. About these summaries & corrections →