A UNIVERSITY of New England (UNE) professor has filed a Fair Work claim against the tertiary institution in the Federal Court, accusing Chancellor James Harris of restricting the staff voice.
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Professor Margaret Sims said her participation in UNE’s Council of the University was unreasonably limited when she became president of the local National Tertiary Education Union (NTEU) branch in February.
In her claim, submitted to the Federal Court of Australia in November, Professor Sims said Mr Harris asked her to consider resigning from the Council.
The claim said Mr Harris told Professor Sims her “powers and duties as president of the NTEU’s brach were a material interest that conflicted with the proper performance of her duties as a member of the University Council”.
Court documents detail that Mr Harris sought advice from “senior counsel”, advising him Professor Sims must be excluded from council matters deemed to be a conflict of interest.
When she attended a council meeting in March, Professor Sims claims she was excluded from a confidential sitting, after which she was told members found her presidency a conflict of interest.
Subsequently, Professor Sims claimed in her court documents she was sent heavily blacked out meeting agendas and minutes after Mr Harris deemed certain matters a conflict of interest.
Those items were “redacted in black such that selected agenda items were obscured, including the title of the agenda item and any indication of the subject matter,” the court documents said.
Professor Sims took the matter to the Federal Court after receiving advice from the NTEU.
“It’s about restricting the staff voice,” Professor Sims said. “I don’t think that’s a message that should be out in the public domain as the way things are meant to be.
The University of New England Act 1993 states that council members must disclose a material interest in a matter before the body if that interest “appears to raise a conflict with the proper performance of the member’s duties in relation to the consideration of the matter”.
The act also stipulates members with a conflict of interest be excused from decision making about the matter.
But outside of court, Professor Sims denied her role as NTEU branch president presented conflict of interest.
“The voice of someone with the welfare of staff at heart should be considered in strategic decision making.
“I’m only one voice; I’m not going to sway decisions,” she said.
UNE was approached for comment, however a University spokeswoman said she was unable to address the claim at this stage of legal proceedings.
UNE has until later this month to respond to the claim in court with a compulsory mediation process to follow.
– Armidale Express