Things are heating up and a legal battle is brewing as the ban of academic Margaret Sims from the university council meetings continues.
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At the last meeting Professor Sims tabled a motion to define conflict of interest, this was which was promptly dismissed. Supporters of Ms Sims left the meeting only minutes after it started.
In a landmark case, barrister Bret Walker says the university is discriminating against one of its own and breaching industrial relations law.
The controversy started in February, when Dr Harris advised Professor Sims of a conflict of interest between her duties as a member of The University of New England’s Council and as president of the UNE branch of the National Tertiary Education Union.
She had been a member of Council for six years, but became acting president of the union earlier this year, when Tim Battin stood down.
Dr Harris advised Professor Sims in an email in March: “Your conflict of interest will be present in relation to a wide range of issues, because a large number of matters considered by the [UNE] Council have a direct or indirect impact on staff, including NTEU members.”
After further meetings with UNE Council, Dr Harris told Professor Sims: “The university has no option but to take steps to segregate the Council documents where you appear to have a conflict from those where you do not.”
But Professor Sims challenged the decision and sought her own legal advice on any perceived conflict of interest, from Mr Walker, a senior Sydney barrister.
In an 11-page opinion brief, Mr Walker advised Dr Harris’s concerns of a conflict of interest when Council was discussing employment issues was legally irrelevant.
“Neither the chancellor nor the Council as a whole has any power under the UNE Act or the general law to make that decision,” Mr Walker said.
As such, banning Professor Sims from parts or all of Council meetings would contravene UNE’s own laws.
Furthermore, such exclusions could also be seen as discriminatory and so risked contravening the Fair Work Act, Mr Walker said.
Professor Sims said because the ban remained after she tabled her legal advice, she would be seeking legal redress in court.
Recent history of poor understanding of conflicts of interests had also led to ICAC references and poor behaviour on the part of Council representatives, she said.
A UNE spokeswoman said executives were unaware of the planned protest and that the entire Council voted on any decisions regarding potential conflicts of interest.
