The Fair Work Commission has rejected UTS’s application to appeal in Lucy Zhao’s case

What this is about: UTS sacked Dr Zhao for not meeting her target for publishing  in top-rated journals.

She took her dismissal to the Fair Work Commission where Deputy President Sams ordered her reinstatement, stating that as her service and teaching performance (60 per cent of her workload) were ok dismissing her was harsh and unreasonable, (CMM March 12).

What’s happened: UTS sought leave to appeal. In a split decision

yesterday Vice President Catanzariti and Commissioner Johns said no, rejecting UTS’ argument that Sams made significant errors.

They also rejected the claim that reinstating Dr Zhao will make it difficult for universities to ensure quality research is produced. “The decision does not stand for any general proposition regarding the inability for universities to performance-manage their staff in respect of meeting expectations regarding research,” they write.

However, Deputy President Colman disagreed, stating that UTS was denied procedural fairness in not being able to respond to matters Deputy President Sams raised in his judgement. “If the deputy president had not held the view that teaching is the primary purpose of a first-class university, that universities can become obsessed with research rankings, and that universities should maximise an academic’s interests, his assessment of Ms Zhao’s application … might have been different,” Deputy President Colman states.

What’s next: UTS could reinstate Dr Zhao and leave it at that. Or it could take the case to the Federal Court. Whatever happens, universities who want to cut their casual teaching budget by moving continuing academics from research and teaching to teaching only positions might read the judgements closely.