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Reported VIC

University of Melbourne Acknowledges Failure to Rehire Casual Academic Following Hours Claim

Published Updated
Regulator

Fair Work Ombudsman

Status

The incident has been reported publicly.

Investigated by

Fair Work Ombudsman

Record summary

Date
Wednesday 3 April 2024
Location
University of Melbourne, VIC
Employer or operator
University of Melbourne
Type
Adverse action / failure to rehire following hours claim
Deaths
None reported
Injured
None reported
Regulator
Fair Work Ombudsman

What happened

Incident Overview

On 3 April 2024, the University of Melbourne conceded in Federal Court that it failed to offer further employment contracts to a casual academic after she filed a claim for additional work hours. The Fair Work Ombudsman brought the case, alleging the university took adverse action against the worker for exercising her workplace rights.

The university admitted to the contraventions and agreed to a penalty of $37,295. The institution has since implemented reforms to improve oversight and management of casual staff.

Persons Involved

Worker

  • Casual academic at the University of Melbourne; contracted for 12 hours of support work per week

Supervisor

  • Implied during a meeting that claiming beyond contracted hours could jeopardise future employment opportunities

Employment Context

The casual academic sought to claim five additional work hours beyond her contracted 12 hours. Following a meeting with her supervisor, she was not offered further employment contracts, despite prior practice of contract renewal.

Injuries / Fatalities

Fatalities

  • None reported.

Injuries

  • None reported.

Legal Proceedings

The Fair Work Ombudsman alleged the university contravened the Fair Work Act by taking adverse action against the academic for exercising her right to claim additional hours. During court proceedings, the university admitted the contraventions. The court heard differing perspectives on the supervisor’s intentions and the impact of their statements on the worker’s employment prospects.

“The university acknowledged the inadequacy of its processes for managing casual staff and reported implementing reforms to enhance oversight and management.” — University of Melbourne representation

Compensation and Reforms

The affected academic has received compensation. The University of Melbourne has introduced several reforms to improve its treatment of casual staff, including enhanced oversight and management processes. The university is also involved in a separate legal case concerning the alleged underpayment of 14 other casual academics.

In Summary

The Fair Work Ombudsman welcomes information from current or former casual staff at the University of Melbourne who believe they have experienced similar adverse action or underpayment. Inquiries can be made confidentially to the Fair Work Ombudsman on 13 13 94 or via www.fairwork.gov.au.

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