Scott Morrison v Australian National University

Scott Morrison, the applicant, brought an application for a remedy for unfair dismissal against the Australian National University (ANU), the respondent. The applicant's dismissal was based on a finding that he engaged in serious misconduct by being sexually intimate with a student, the Relevant Student. The Fair Work Commission (FWC) found that the applicant's dismissal was unfair. The FWC found that while the applicant's conduct was poor, it was not a valid reason to dismiss him. The FWC found that there was no breach of the ANU policies. The FWC further found that the conduct was consensual and that the applicant did not exploit his position. The FWC found that the dismissal was harsh, unjust and unreasonable and granted the remedy of reinstatement. The FWC also ordered the ANU to pay six months' remuneration to the applicant.

The case highlights the importance of understanding university policies on relationships between staff and students. The case also highlights the importance of consensual conduct and the need for universities to ensure a safe environment for its staff and students. The case further highlights the importance of fair procedures in effecting a dismissal.