Key Points:
Although complex disciplinary processes in an enterprise
agreement can be difficult to navigate, an employer has some
flexibility in applying its procedures.
Enterprise agreements can often contain highly prescriptive and
complex disciplinary processes which are difficult for employers to
navigate.
A recent decision of the Full Federal Court has some useful
lessons for employers with similar procedures – especially
those that refer disciplinary matters to a third party investigator
or investigation committee (Soliman v University of Technology,
Sydney [2012] FCAFC).
The alleged misconduct in Soliman
In Soliman, a university received an anonymous email complaint
from a student, alleging a lecturer had provided answers to
specific exam questions during a revision lecture. The email
contained scans of the student's lecture notes that recorded
the answers. Those answers matched the questions in the subsequent
exam.
