M v Australian National University [1996] IRCA 378

M v Australian National University [1996] IRCA 378

The Court accepted the student's account in substance, finding that on 27 December 1991 the applicant abused his position as an employee of the University and his position in relation to the student by pressing himself sexually on her, in circumstances involving dependency and influence. That conduct was serious misconduct and gave the University a valid reason to terminate his employment by the three-year suspension. The application was therefore dismissed.

Jurisdiction
Australia
Judgment Date
20 August 1996
Procedural Posture
Application Under S170 EA of the Industrial Relations Act 1988 Alleging Termination of Employment in Contravention of Division 3 of Part VIA / Final Judgment After Hearing
Outcome
Application dismissed
Legal Topics
['termination of Employment' 'valid Reason for Termination' 'suspension Treated as Termination' 'serious Sexual Harassment' 'academic Relationship With Student' 'abuse of Position and Influence']
['industrial Law' 'employment Law'] ['termination of Employment' 'valid Reason for Termination' 'suspension Treated as Termination' 'serious Sexual Harassment' 'academic Relationship With Student' 'abuse of Position and Influence']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Application Under S170 EA of the Industrial Relations Act 1988 Alleging Termination of Employment in Contravention of Division 3 of Part VIA / Final Judgment After Hearing

Legal Issues

  1. 1 ["Whether the applicant's three-year suspension was a termination of employment for the purposes of Division 3 of Part VIA of the Industrial Relations Act 1988" "Whether the University had a valid reason to terminate the applicant's employment connected with alleged serious sexual harassment of a PhD student" 'Whether the applicant abused his position as an employee of the University and his position of influence over the student' "Whether the student's account of sexual contact and sexual intercourse in December 1991 and later events should be preferred to the applicant's denial or assertion of consent"]

Ratio Decidendi

The Court accepted the student's account in substance, finding that on 27 December 1991 the applicant abused his position as an employee of the University and his position in relation to the student by pressing himself sexually on her, in circumstances involving dependency and influence. That conduct was serious misconduct and gave the University a valid reason to terminate his employment by the three-year suspension. The application was therefore dismissed.

Court Disposition

Application dismissed

Orders

  • ['The application is dismissed.']