Modern Australian
The Times

What are universities for? If mainly teaching, can they sack academics for not meeting research targets?

  • Written by Pnina Levine, Lecturer in Law, Curtin Law School, Curtin University

Questions about the purpose of universities have been highly topical lately. Federal Education Minister Dan Tehan has suggested the purpose of universities is to produce job-ready graduates – preferably in STEM (science, technology, engineering, maths) rather than HASS (humanities, arts, social sciences) areas.

This has spurred debate about the purpose of universities. Is it to “train young people for jobs” or to “nurture intellectual endeavour and the capacity for expansive conceptual thinking”? Put simply, is the primary focus of universities today meant to be education, or is it both education and research?

There appears to be no national consensus on these questions.

State laws on universities vary

One reason may be the lack of consistency in the objectives and functions set out in the different state laws that govern universities.

Former Chief Justice Robert French’s recent review of freedom of speech in higher education providers noted this inconsistency. Some university acts, he observed:

define the university’s functions by reference to the delivery of education, the provision of facilities for learning and research, and encouraging the advancement of knowledge.

French cited the Australian National University Act 1991 (Cth) as an example of this. Other university acts provide only a single object or none at all.

Read more: Coronavirus and university reforms put at risk Australia's research gains of the last 15 years

The High Court of Australia alluded to the lack of clarity resulting from this inconsistency in a 1982 case, Queen v McMahon; ex parte Darvall. It considered the general functions of universities to include education, research and the maintenance of intellectual standards and integrity.

The case of Zhao v UTS

More attention needs to be paid to the legislation governing universities when considering their purpose. The recent case of Zhao v University of Technology Sydney (UTS) illustrates the consequences of failing to consider this legislation. The Fair Work Commission instead opined about the purpose of a university and the primary working focus of its staff.

Zhao v UTS related to the dismissal of a business academic in mid-2019. UTS dismissed her for alleged unsatisfactory performance because she had failed to meet its research publication requirements.

UTS Business School building UTS Business School essentially dismissed the academic for failing to have at least one research article published in a high-ranked journal over a two-year period. Shahram Babakhanian/Shutterstock

She sued for unfair dismissal at the Fair Work Commission and won. In his March 2020 decision, the commission’s deputy president, Peter Sams, made some contentious observations on the purpose of universities.

[…] in my humble opinion, the teaching of future generations of tertiary qualified students of all ages is the primary purpose of a first-class university.

[…] achieving the top research rankings and reputation […] may tend to distract from the focus of providing a quality learning experience for students.

His reasoning appeared to be that the academic had performed satisfactorily in her teaching. There was no evidence she was failing in her administrative duties, which meant she was satisfactorily performing the majority of her job. This made it “difficult conceptually and rationally” to conclude that her performance was unsatisfactory overall, warranting dismissal.

Read more: Universities have gone from being a place of privilege to a competitive market. What will they be after coronavirus?

Sams did not, however, make any reference to the University of Technology Sydney Act 1989 (NSW). The act expressly states:

The object of the University is the promotion, within the limits of the University’s resources, of scholarship, research, free inquiry, the interaction of research and teaching, and academic excellence.

Commissioners divided on appeal

UTS sought to appeal the decision. Ruling on the university’s application, three Fair Work commissioners were split 2:1 as to whether Sam’s observations on the purpose of universities were “merely general observations” or formed part of his reasoning.

In their joint decision, Vice President Joseph Catanzariti and Commissioner Leigh Johns labelled his observations three times as “unhelpful”. They found, however, that these were “inconsequential musings” and not the critical “driving part” of the reasoning for the decision. They refused permission to appeal.

As they formed the majority, the decision that UTS had unfairly dismissed the academic stands.

Deputy President Alan Colman strongly disagreed. He considered the observations on the purpose of universities to be “highly relevant […] expressions of opinion”. He would have granted permission to appeal on the basis that UTS had not been heard on the purpose of the university and thus had been denied procedural fairness.

Front of Fair Work Commission building The Fair Work Commission’s failure to consider the University of Technology Sydney Act 1989 (NSW) in its decision was a striking omission. Shuang Li/Shutterstock

Universities still waiting for clarity

The case has left universities uncertain about their ability to manage the performance of staff who are not meeting research expectations.

Can a university justifiably dismiss an academic whose teaching performance is satisfactory but whose research is non-existent or inadequate? Or is the university obliged to retain the academic, although it has the power to transfer them to a teaching-focused position?

Read more: The government's funding changes are meddling with the purpose of universities

If the primary focus of a university is said to be teaching, as Sams suggested, a decision to dismiss an incompetent teacher may be reasonable, irrespective of their research performance.

Universities are likely waiting with anticipation to see if UTS takes the case to the Federal Court. We can only hope that if the court considers the purpose of universities relevant to the case, it gives some regard to the University of Technology Sydney Act 1989 (NSW).

Authors: Pnina Levine, Lecturer in Law, Curtin Law School, Curtin University

Read more https://theconversation.com/what-are-universities-for-if-mainly-teaching-can-they-sack-academics-for-not-meeting-research-targets-143091

How Business Advisory Services Help Companies Achieve Sustainable Growth

Every business owner aims to build a profitable and sustainable organisation. While dedication, innovation, and hard work are important, achieving l...

Why Body Contouring Has Become A Popular Cosmetic Treatment

Many people maintain healthy lifestyles through regular exercise and balanced eating habits but still struggle with stubborn areas of fat that are dif...

How to Choose the Right POS Hardware for Your Business in Australia

A lot of Australian business owners spend weeks researching POS software but buy hardware almost as an afterthought. That's a mistake. The wrong har...

Why Material Handling Hose Is Critical for Industrial Efficiency

A high-performance material handling hose is an essential component in industries that transport abrasive, dry, or bulk materials on a daily basis...

How to Choose the Right Lawyer in Melbourne for Your Situation

Choosing legal support can feel difficult, especially when the stakes are personal or business-related. The right lawyer in Melbourne should underst...

Hoteliers Look to Clever Value Adds to Increase Revenue

The Australian hospitality industry is still in recovery mode after a notoriously rough patch in recent years. While there has been a post-COVID tra...

Moving to Queensland? Here’s How to Prep Your Car for the Big Move North

There’s no sign of the northern migration slowing down, with thousands of southerners fleeing from chaotic lifestyles and cooler climates for a brig...

Diesel Shortage to Impact Trades and Contractors

Strait of Hormuz blockage affecting all major parts of trades and construction Trades and construction across residential, commercial and industria...

Why Holiday Home Owners Turn to Rental Management Agents

The Allure — and the Reality — of Renting Out Your Property Owning a holiday home is a dream for many Australians. Whether it's a beachside sha...

Why Finding Reliable Doctors In Bundoora Is Important For Long-Term Health

Access to quality healthcare plays an important role in maintaining overall wellbeing and managing health concerns early. Trusted Doctors in Bundoor...

Understanding the Different Types of Car Services: Minor vs Major

When it comes to car maintenance, one of the most important things every vehicle owner should understand is the difference between a minor and a maj...

How Superannuation and TPD Insurance Work Together

Superannuation is an essential part of financial planning in Australia. It is designed to provide individuals with income during retirement, helping...

Tiny Towns funding granted for Mt Hotham and Mt Buller upgrades

Alpine Resorts Victoria (ARV) has welcomed funding support from the Victorian Government’s  Tiny Towns Fund, with both Mt Hotham and Mt Buller se...

Locksmith Services: Why Professional Security Solutions Matter More Than Ever

Security is a critical concern for homeowners, businesses, and vehicle owners alike. Whether it involves protecting a property, replacing damaged lo...

Why Tooth Fillings Are Important For Protecting Damaged Teeth

Cavities and minor tooth damage are common dental problems that can worsen if left untreated. Professional tooth fillings help restore damaged teeth, ...

The Connection Between Visibility and Driver Confidence

Operating a vehicle safely requires an immediate, uncompromised stream of visual information from the surrounding road environment. A driver's decis...

Important Things To Know Before Starting An SMSF Setup

Planning for retirement requires careful financial decisions, and many Australians are now looking for more direct control over how their superannua...

Why Retail Cleaning Plays a Key Role in Customer Experience and Business Success

Professional retail cleaning services are an essential part of maintaining a welcoming, safe, and professional environment for customers and staff...