Thursday, April 18, 2019



Critical Australian academic’s firing was ‘unlawful’, court finds

He dared ridicule the Global Warming messiahs in his university who said that climate change was devastating Australia's Great Barrier Reef.  He showed clear evidence that they were deceptive.  So his university was out to "get" him by hook or by crook, mostly crook.  They are now more furious  with him than ever. Liars hate being exposed


A Federal Court judge has ruled James Cook University acted unlawfully when it sacked physics professor Peter Ridd after he publicly criticised the institution and one of its star scientists over claims about the global warming impact on the Great Barrier Reef.

Professor Ridd last night welcomed the decision and called on the university’s council, its governing body, to make vice-chancellor Sandra Harding accountable for the legal defeat. “The university has broken the law. What is the university council going to do about this? The vice-chancellor has brought the university into disrepute," he said.

In his verdict, judge Salvatore Vasta said the university’s grounds for dismissing Professor Ridd — that he breached the university’s code of conduct — were improper. He found that all 17 findings used by the university to justify the sacking were unlawful.

Judge Vasta found that a clause in the university’s enterprise agreement, which upholds academic freedom, justified Professor Ridd’s conduct. “This trial was purely and simply about the proper construction of a clause in an enterprise agreement," he said.

Judge Vasta also said the university had misunderstood “the whole concept of intellectual freedom". “In the search for truth, it is an unfortunate consequence that some people may feel denigrated, offended, hurt or upset," he said.

A penalty hearing will be set for a later date.

At a three-day hearing last month, barrister Chris Murdoch, representing the university, argued Professor Ridd went beyond his right to intellectual freedom by personally attacking his colleagues, threatening to “hurt" the university and breaching confidentiality directions.

In 2016, Professor Ridd emailed a journalist to allege images given to the media by university colleagues were misleading because they showed poorly affected corals, which were selected over nearby healthy coral and used to show “broadscale decline" of reef health.

Professor Ridd claimed the use of the images was “a dramatic example of how scientific organisations are happy to spin a story for their own purposes".

He also said his colleague Professor Terry Hughes, the head of JCU’s Centre of Excellence for Coral Reef Studies, would “wriggle and squirm" when asked to explain discrepancies in the images.

Professor Ridd was censured again in 2017 when he repeated the claims on Sky News.

After a third alleged violation of the code of conduct, including allegedly leaking confidential university information, Professor Ridd was sacked in April 2018.

James Cook University last night challenged Judge Vasta’s ruling in a lengthy statement from its provost, Chris Cocklin, which accused the media of inaccurate reporting on the case.

“We disagree with the judgment and maintain we have not taken issue with Dr Ridd’s nor any other employee’s rights to academic freedom," Professor Cocklin said.

Professor Cocklin, who was involved in Professor Ridd’s disciplinary process, said the university was “considering its options" on the matter.

“We disagree with the judge’s comments and are also troubled by the fact he fails to refer to any legal precedent or case law in Australia to support his interpretation of our enterprise agreement, or academic freedom in Australian employment law," he said.

Professor Ridd’s legal action was partially funded by conservative think tank the Institute of Public Affairs and a GoFundMe web page which raised $260,000 from 2500 donors.

IPA policy director Gideon Rozner said the judgment was proof that Australian universities were confronted by a “free speech crisis".

“This judgment should rightly send shockwaves through Australian universities regarding their commitment to academic freedom and how they deal with academics who hold a contrary view to established group think," Mr Rozner said.

SOURCE  


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