A lecturer sacked by the Australian National University after swimming naked and kissing a student was unfairly dismissed and should be reinstated, the industrial umpire has found.
The Fair Work Commission handed down the decision, saying there was no valid reason for dismissing the academic, because his encounter with the student was consensual and had not violated any university policies.
However the Australian National University has obtained a stay on Fair Work's reinstatement order and is appealing the decision, saying the commission's reasons are inconsistent with the university's approach to its workplace.