[2025] FWC 1938
Citation: [2025] FWC 1938
What happened
Stephan Matthai, a professor and chair at The University of Melbourne, was dismissed in December 2024 for misconduct occurring in 2017. In 2017, Dr Matthai exchanged intimate messages with a PhD student, AB, after she disclosed a difficult personal situation. The University was informed about AB's concerns in 2018, but she declined to make a formal complaint. In January 2024, AB emailed the University alleging sexual harassment. An investigation found inappropriate messaging but no sexual harassment. Dr Matthai admitted the messages were inappropriate and violated University policy. He had an unblemished work record since 2017.
What was decided
The Fair Work Commission found Dr Matthai’s dismissal was unfair, despite the inappropriate nature of his 2017 messages. The Commission considered the University’s response in 2018 was reasonable, as AB did not want to make a formal complaint. However, it deemed dismissing Dr Matthai after seven years, with an unblemished record, was harsh. The Commission ordered his reinstatement.
What it means for employers
Employers should carefully consider the timing of disciplinary action, especially when previous concerns were handled informally. A significant time lapse between the misconduct and the disciplinary action can be a factor in determining whether a dismissal is harsh. Employers should also document any previous attempts to address concerns and the reasons for not pursuing formal action at the time.
What it means for employees
Employees should be aware that even past misconduct can lead to disciplinary action, particularly if it violates workplace policies. However, the length of time since the incident and the employee's subsequent work record are important factors in determining fairness.
Every statement above is drawn from the published decision. Read the original here:
https://www.fwc.gov.au/documents/decisionssigned/pdf/2025fwc1938.pdfWant more cases like this?
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This summary was drafted by AI 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 →