Ridd v James Cook University

Professor Peter Ridd, a physicist at James Cook University, was dismissed by the University following the dissemination of an email he sent to a journalist. The email, sent on 16 December 2015, expressed concerns about the alleged misuse of scientific data and photographs by scientific institutions, including the Great Barrier Reef Marine Park Authority, to support claims of significant damage to the Great Barrier Reef. The University alleged that Professor Ridd's email breached its Code of Conduct, specifically provisions relating to the responsible conduct of research and the respectful treatment of colleagues. Professor Ridd contended that his email was protected by the intellectual freedom clause within the University's Enterprise Agreement.

The central legal issue before the court was whether Professor Ridd's conduct, as evidenced by his email, constituted a breach of the University's Code of Conduct, and if so, whether the Code of Conduct, in its application to Professor Ridd's actions, was inconsistent with the intellectual freedom provisions of the Enterprise Agreement. The court was required to determine the relative legal weight of the Enterprise Agreement and the Code of Conduct, and whether the University had acted within its rights in dismissing Professor Ridd based on the content of his email.

Vasta J found that the Enterprise Agreement, which enshrined the principle of intellectual freedom for academic staff, prevailed over the University's Code of Conduct. His Honour reasoned that the Code of Conduct, in its application to Professor Ridd's email, imposed restrictions on his academic freedom that were not permitted by the Enterprise Agreement. The court held that Professor Ridd's email, which questioned scientific data and methodologies, fell within the scope of intellectual freedom and did not constitute a breach of the Code of Conduct as interpreted in a manner consistent with the Enterprise Agreement.

The court ordered that Professor Ridd's dismissal by James Cook University was unlawful.