Fair Work Ombudsman
Citation: FWO-2022-08-11-uni-of-melb-litigation-media-release
At a glance
- Respondent
- The University of Melbourne
- Penalty
- $66,600
- Employees affected
- 2
What happened
The Fair Work Ombudsman has commenced legal action against The University of Melbourne. The University allegedly coerced and took adverse action against two casual academics to prevent them from claiming payment for work performed. One academic was not offered further teaching work after requesting payment for extra hours and making complaints. A supervisor allegedly threatened not to re-employ the academics if they claimed outside their contracted hours. The academics were engaged on short-term casual teaching contracts since at least 2016 and 2017. The alleged incidents occurred in August 2020 and February 2021.
What was decided
The Fair Work Ombudsman and The University of Melbourne filed a Statement of Agreed Facts on 25 August 2023. The Fair Work Ombudsman has amended the application, no longer alleging the University intended to coerce employees or take adverse action. The Court has ordered the matter to progress to a determination of penalties. The Fair Work Ombudsman continues to allege the University took adverse action against the academics because they exercised a workplace right. A separate investigation into alleged underpayments of University of Melbourne casual academic employees is ongoing.
What it means for employers
Employers must have proactive measures in place to ensure compliance with workplace laws. If employers suspect employees may be underpaid, they should promptly check and rectify any issues. Threats of non-re-employment to prevent employees from claiming entitlements are unlawful.
What it means for employees
Employees have the right to claim payment for work performed without fear of adverse action. If an employer threatens action to prevent an employee from exercising their workplace rights, they should contact the Fair Work Ombudsman.
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https://www.fairwork.gov.au/newsroom/media-releases/2022-media-releases/august-2022/20220811-uni-of-melb-litigation-media-releaseSend your details to Liquid Employment Lawyers
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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