University maintains that 'highly inappropriate' conduct warrants punishment despite years-long delay

The Fair Work Commission (FWC) recently dealt with a case involving a university professor who was dismissed for misconduct that occurred seven years earlier. The professor had been found to have engaged in inappropriate communications with a PhD student under his supervision in 2017, but was only dismissed in December 2024 following a formal complaint.

The professor argued that his dismissal was unfair because the conduct had occurred so long ago and he had maintained an unblemished record throughout the intervening period.

The university contended that the professor's messages to the student were highly inappropriate and constituted serious misconduct that warranted dismissal regardless of when it was discovered.

This case examines whether employers can fairly dismiss workers for historical misconduct, particularly when significant time has passed and the employee has demonstrated reformed behaviour, and what remedies are appropriate in such circumstances.

Employment background and inappropriate relationship develops

The professor was employed by the university as chair of reservoir engineering in its Department of Infrastructure Engineering, having moved to Melbourne in 2015 to take up the position. In 2017, he was supervising a student who was undertaking a Doctor of Philosophy. At that time, the professor was struggling to come to terms with a recent separation from...

Read Full Story: https://news.google.com/rss/articles/CBMiwwFBVV95cUxNU21nQzBZSi1uYW9BTWxDN2py...