Google AI


Modern Australian

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

Breach of Contract in Business: What Are Your Options?

Contracts are essential to business relationships. They establish expectations, allocate responsibilities and provide a framework for delivering goods...

How Pest Control Companies Can Rank for the Problems Customers Search First

Introduction SEO for Pest Control needs to start with the customer’s problem. Most people do not search for pest services in a neat or technical wa...

What Are the Benefits of Renovating an Older Home in Sydney?

Sydney has plenty of character homes, from Federation cottages to mid-century brick homes. Renovating rather than rebuilding can preserve what makes t...

Pool and Deck Design: How to Plan the Perfect Outdoor Living Space for Your Sydney Home

For many Australians, the backyard is where life happens. Summer barbecues, weekend swims and long evenings outdoors are all part of the lifestyle, ...

Is Solar Pool Heating Worth It? What Sydney Homeowners Should Know

There's nothing quite like a backyard pool on a hot Sydney day. But once autumn rolls in, many pools sit unused for months because the water is simp...

Planning a Luxury House Move: A Week-by-Week Timeline for Prestige Sydney Homes

Selling or buying a prestige home is a major milestone. Whether it's a waterfront residence in Birchgrove, a grand Federation home in Haberfield or ...

Downsizing or Upgrading Your Caravan? Here's How to Sell It Without the Hassle

Selling a caravan can feel like a major task, especially when you are unsure about its value, paperwork, or how to find a buyer. Whether you are dow...

The Best Overseas Adventure Holidays for Australians Who Love the Outdoors

Australia offers no shortage of incredible outdoor experiences, but sometimes the best way to satisfy your sense of adventure is to head overseas. A...

Cape Town Wine Shuttle: Winelands Tasting & Tours

Embark on an unforgettable journey through the picturesque Cape Winelands, where world-class wines and breathtaking scenery await. Our Cape Town Win...

Metal Fabrication: Choosing Metal Fabrication Melbourne Services for Custom Projects

What Modern Metal Fabrication Involves From individual components to complete structures, metal fabrication brings together processes such as desig...

Why Giant Rats Tail Grass Keeps Coming Back After Spraying

Giant Rats Tail Grass (GRT) is one of the most frustrating pasture weeds for farmers and lifestyle property owners. You spray an infested area, see th...

When Custom Cardboard Boxes Make Sense for Your Business

Custom cardboard boxes can be useful when a standard carton does not fit a product, packing method or presentation requirement particularly well. A ...

Full-Height vs. Pop-Top Caravan: Which Is Better for Family Travel across WA?

A pop-top caravan is an excellent choice for travellers who want the comfort of a caravan without committing to a larger, bulkier setup. With a lowe...

Bottle Label Printing: Key Factors for a Professional Finish

Why the Printing Method Matters When businesses need packaging or printed containers developed for a particular application, the right supplier can m...

Virtual Livestock Fencing and GPS Tracking: Improving Visibility Across Cattle Properties

What Virtual Livestock Fencing Means for Modern Cattle Management Managing cattle across extensive properties requires more than knowing where anim...

Sydney Pawnbrokers Explained: How Hocking Your Car Actually Works

Sometimes you need cash, and you need it soon. If you own a car, you may already have a way to get it. That's what people mean when they say they've...

Moving Interstate from the Gold Coast to Brisbane (or Back)? What Removalists Wish You Knew First

Have you talked to anyone who’s done the move? They say the same thing: the drive up the M1 is the easy part. It's everything around it that catches...

Why the Spring School Holidays Are a Great Time to Visit Coffs Harbour

The spring school holidays are a good time to spend a few days on the Coffs Coast. The weather is starting to warm up, there is plenty to do outdoor...