National Tertiary Education Industry Union v University of Sydney (Relief)

The parties in this case were the National Tertiary Education Industry Union (NTEU) and Dr Tim Anderson, on one side, and the University of Sydney, Professor Stephen Garton, and Professor Annamarie Jagose, on the other. The dispute involved the termination of Dr Anderson's employment by the University, which the NTEU and Dr Anderson argued was unlawful. They claimed that the University and the two professors had contravened sections 50 and 340 of the Fair Work Act 2009 (Cth) (FW Act) and that Professors Garton and Jagose were also liable under section 550 of the FW Act. The case was heard in the Federal Court of Australia.

The legal issues that the court had to decide included whether Dr Anderson had an enforceable right to intellectual freedom, whether his use of an image of the Israeli flag with a swastika constituted the exercise of that right, and whether the University had established that it did not terminate Dr Anderson's employment because he exercised workplace rights. The court also had to consider whether Professors Garton and Jagose were liable under section 550 of the FW Act.

The court found that the contraventions of the FW Act were not blameworthy and that there was no need for specific or general deterrence. It also found that the University upheld and supported the exercise of intellectual freedom. As a result, the court ordered reinstatement and compensation for Dr Anderson but did not impose any pecuniary penalties.

In summary, the court found that the University and the two professors had contravened sections 50 and 340 of the FW Act, but the contraventions were not blameworthy. The court ordered reinstatement and compensation for Dr Anderson but did not impose any pecuniary penalties. The court also found that Professors Garton and Jagose were not liable under section 550 of the FW Act. The parties were required to confer and agree on appropriate orders, which were to be resolved at a hearing on 5 June 2023.