Human Rights

Melbourne University Ordered to Reinstate Professor Over Unfair Dismissal

The University of Melbourne has been ordered to reinstate Professor Stephan Matthai, who was dismissed in December 2024 over inappropriate messages he sent to a PhD student in 2017. The Fair Work Commission (FWC) ruled the dismissal unfair due to the university’s seven-year delay in taking formal action and ordered his reinstatement along with compensation of $28,098. This case raises questions about institutional accountability and the balance between workplace conduct and fair process.

In 2017 and 2018, Professor Matthai, a 62-year-old geotechnical engineering expert, sent a series of personal messages to a female PhD student under his supervision. These messages included romantic language, a poem, and a photo of Matthai in boxer shorts, breaching the university’s Appropriate Workplace Behaviour policy. Matthai, who was going through a personal breakup at the time, admitted his judgement was impaired but denied any romantic intent, saying he aimed to avoid hurting the student’s feelings. The student, whose identity remains confidential, reported feeling uncomfortable and was subsequently assigned a different supervisor. However, the university did not take formal disciplinary action until 2024, following a complaint lodged by the student.

The Fair Work Commission, presided over by Deputy President Alan Colman, found that the university’s delay in addressing the misconduct rendered the dismissal harsh and unfair. Colman noted Matthai had maintained an unblemished record over the seven years since the incidents and that earlier dismissal in 2017 would have been more proportionate. The ruling, issued on 7 July 2025, requires the university to reinstate Matthai within 14 days and pay compensation for lost income. The university has expressed disappointment with the decision and is considering an appeal.

This case highlights challenges in institutional oversight and the importance of timely responses to workplace misconduct. While Matthai’s actions were unprofessional and violated policy, the FWC’s ruling underscores the need for consistent and transparent processes that protect both students and staff. As the university weighs its legal options, the saga underscores the broader difficulty of balancing justice with fairness within academic institutions.

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