Relevance of Victoria University Enterprise Agreement 2013 and University Policies in Toby's Employment Contract

Running head: EMPLOYMENT LAWS
EMPLOYMENT LAWS
Name of the Student
Name of the University
Author Note

1EMPLOYMENT LAWS
Question 1
In this given scenario, the question raised is that, what duties have been potentially
beached by Toby and the source and nature of those duties.
According to clause 61.5.2 of the Victoria University Enterprise Agreement 20131, the
University has the right to terminate a staff member without any notice, in case of finding the
staff member being engaged in any such serious misconduct which would be difficult for the
University in continuing employment of that staff member concerned during a notice period.
According to clause 62.1.22 of the Victoria University Enterprise Agreement 2013, investigation
should be conducted expeditiously, thoroughly and according to the natural justice principles, in
all matters related to unsatisfactory performance, misconduct and serious misconduct. It is
further stated in clause 62.1.43 of the Victoria University Enterprise Agreement 2013, that only
the Vice-chancellor can take the disciplinary actions as against an academic member staff.
According to clause 6.7 of the Victoria University Media Policy, a staff member should restrain
himself from engaging into a comment or activity in the media which will lead to the disrepute
of the public image, reputation and goodwill of the University4.
In this case, Toby was terminated for the commission of serious misconduct by the
University. Toby was an associated professor of civil engineering in the Victoria University from
15th May, 2016. He signed an electronic acknowledgement which confirms his understanding of
all his obligations provided therein. Toby criticised the environmental policies of the
Government in the preface of the Federal Election. The University being a heavily reliant
Federal Government funded institution and also being directly accountable to the State
1 Victoria University Enterprise Agreement 2013, clause 61.5.2.
2 Victoria University Enterprise Agreement 2013, clause 62.1.2.
3 Victoria University Enterprise Agreement 2013, clause 62.1.4.
4 Victoria University Media Policy 2006, clause 6.7.

2EMPLOYMENT LAWS
parliament became very worried about this and issued a formal warning to him stating the media
policies and the employment contract obligations of the University has been violated by Toby. In
response to the warning issued by the University Toby started tweeting where he accused the
University of infringing academic integrity and freedom of speech which is a violation of the
University’s media policy5. Later on, Toby was terminated by the University for committing
serious misconduct. Toby has violated clause 62.1.136 of the Victoria University Enterprise
Agreement 2013, which deals with serious misconduct. Toby has breached the duties provided
under clause 62.1.13 (a)7 and clause 62.1.13 (b)8 of the Victoria University Enterprise Agreement
2013, which deals with the serious misbehaviour constituting serious impediment in carrying out
duties of staff members and serious negligence while discharging duties, respectively. He has
also breached his employment contract; policies and regulations of the University in the process.
In this instance, R v Darling Island Stevedoring and Lighterage Company Limited9 case
can be referred. It was held by the court that an employee is obliged to comply with the
reasonable and lawful directions of the employer. The employee needs to obey all lawful
commands of the employer which falls within reasonable scope of his service contract.
Question 2
In this given scenario, the question raised is that, whether the dismissal of Toby by the
University was justified.
5 Thornthwaite, Louise. "Social media, unfair dismissal and the regulation of employees’ conduct outside
work." (2013) Australian Journal of Labour Law 26.2 : 164-184.
6 Victoria University Enterprise Agreement 2013, clause 62.1.13
7 Victoria University Enterprise Agreement 2013, clause 62.1.13 (a)
8 Victoria University Enterprise Agreement 2013, clause 62.1.13 (b)
9 [1938] HCA 44; 60 CLR 601