University of Melbourne fined after adverse action

The University of Melbourne is being fined for taking adverse action against two casual academics.

The Fair Work Ombudsman has secured a total of $74,590 in penalties in court against the University of Melbourne for taking adverse action against two casual academics because they exercised workplace rights to make complaints or inquiries about their work.

The Federal Court imposed $37,295 in penalties after the university threatened not to re-employ the two academics because they made complaints about being required to work more hours than stipulated in their contracts without pay.

The court then added a further $37,295 penalty after the university denied future work to one of the casual academics after she made a complaint about the added hours that were going to be uncompensated.

Fair Work Ombudsman Anna Booth said the University of Melbourne’s conduct impacted fundamental employee rights.

“There is zero place for adverse action in our workplaces. Adverse action directly undermines workplace laws and the ability of employees to exercise their lawful rights – and this is unacceptable,” Booth said.

“These adverse actions, in this case, are exactly the kind of workplace conduct that inhibits people speaking up about their rights.”

This, however, was not an isolated incident. Booth stated that Fair Work is investigating a number of disturbing allegations across the university sector.

“We are investigating other allegations involving underpayment issues in a number of universities nationally, including failures to pay casual academics for all hours worked. The university sector is a regulatory priority for the agency.”

“Employers should have proactive measures in place to ensure they are meeting workplace laws. If employers become aware of concerns their employees may be being underpaid, including directly from the employees, the only appropriate response is to check that they are paying their employees correctly and promptly rectify any compliance issues discovered,” Booth said.

Under the Fair Work Act, it is unlawful for an employer to take adverse action against a person because a person exercises a workplace right or to prevent them from doing so, which, in this case, the university did exactly that.

In imposing the penalties, Justice Craig Dowling said the casual academics “were entitled to complain or inquire about their ability to perform their work within the ‘anticipated hours’ contained in their contracts of employment. Those complaints should have been free of consequence.”

“The threat, that if they claimed additional hours they would not receive future work, was a serious contravention of the act. The penalty must be sufficient to deter any repetition by the university or any other person in a position to contravene the act,” Justice Dowling concluded.

Kace O'Neill

Kace O'Neill is a Graduate Journalist for HR Leader. Kace studied Media Communications and Maori studies at the University of Otago, he has a passion for sports and storytelling.