Sunday, September 8, 2019


Professor Ridd awarded $1.2m for unlawful sacking

The Federal Circuit Court has awarded Peter Ridd $1.2 million in damages and penalties after earlier finding James Cook University (JCU) acted unlawfully in sacking the physics professor.

Dr Ridd was sacked last year after he repeatedly questioned colleagues' research on the impact of global warming on the Great Barrier Reef, criticising it as untrustworthy and "misleading".

The court, which in April found his dismissal was unlawful, on Friday said Dr Ridd would now be seen as "damaged goods" and the university had "poisoned the well".

Outlining his final declarations and penalties, Judge Salvatore Vasta also suggested the university's conduct bordered on "paranoia and hysteria fuelled by systemic vindictiveness" and Dr Ridd must have felt he was being persecuted. He found Dr Ridd's intellectual freedom had been undermined by the "myopic and unjustified actions of his lifelong employer".

"In this case, Professor Ridd has endured over three years of unfair treatment by JCU – an academic institution that failed to respect the rights to intellectual freedom that Professor Ridd had as per [his enterprise agreement]," the judge decided.

The case has attracted intense focus due to Dr Ridd's scepticism about climate change science and the broader debate about free speech at Australian universities.

Judge Vasta said Dr Ridd had suffered a loss of income and agreed with the academic's view that "most big institutions don't want a bar of somebody who has been through my sort of controversy".

He said Dr Ridd would face difficulty securing employment "despite his considerable expertise", finding the problem had been exacerbated by a statement released by the university following the court's initial judgment.

Judge Vasta ordered a payment of $1.09 million in damages and compensation for lost wages and superannuation. This sum is provisional, with the university and Dr Ridd able to contest the calculation. Another $125,000 is to be paid to Dr Ridd as a penalty to "deter both this university and any other employer from dismissing an employee for exercising basic workplace rights".

Dr Ridd had originally sought reinstatement to his position but subsequently abandoned that request in favour of compensation.

On Friday, the university reiterated its intent to appeal Judge Vasta's decision. "The university has previously made clear its intention to appeal His Honour's decision in this matter. As a litigant it is entitled to do so. The university's position will be addressed in its appeal," a spokesman said.

The institution has maintained Dr Ridd was not sacked for expressing scientific views but rather his treatment of colleagues and breaches of confidentiality.

Conservative think-tank the Institute of Public Affairs welcomed Judge Vasta's findings, calling the university's conduct "shameful" and proof of a free speech crisis in academia.

"The sum awarded reflects the appalling nature of JCU's treatment of Dr Ridd and vindicates Peter Ridd's fight for academic freedom, free speech and integrity of climate science and peer review," IPA director of policy Gideon Rozner said.

"James Cook University must now rethink its stated plans to prolong this ugly dispute by appealing the decision. Dr Ridd won this case on all 17 counts. It is time for JCU to accept the decision and move on."

SOURCE  

No comments: