THE AUSTRALIAN, Wednesday 1 March 1995  

DISPUTE RULES PUT IN DOUBT

A West Australian Industrial Relations Commission ruling
has raised questions about the long-term future of the
position of the Visitor in industrial relations and other
disputes.

On the face of it, the ruling, which directs a sacked
University of Western Australia lecturer to the
University's Visitor merely established that the Commission
had no right to hear complaints from University of WA
academics about unfair dismissal.

However, the handing down of the decision last week has
prompted speculation that it has far broader implications. 
Commissioner George ruled that the Commission did not have
power to adjudicate in a case involving the 1993 dismissal
of archaeology lecturer, Dr David Rindos.

What began as an academic argument now seems poised to
develop into a broader industrial relations issue.

The decision on the case, heard in June 1994, was handed
down  18 months after Dr Rindos initially applied to
overturn University Vice-Chancellor Professor Fay Gale's
decision to sack him.

The Commissioner ruled that a section of the WA Industrial
Relations Act "specifically excludes the Commission from
exercising jurisdiction" because an alternative avenue, the
Visitor, had the power to consider and rule upon
"allegations of wrongful dismissal and requests for
reinstatement." 

The University Visitor is the Governor of Western
Australia, Major-General Michael Jeffery.

The president of the UWA Staff Association and State branch
of the National Tertiary Education and Industrial Union, Ms
Sandra Penrose, said she would be forwarding Commissioner
George's decision to the national office this week for
detailed consideration and advice.  

"Our union has never regarded as acceptable the role of the
Visitor in dismissal cases or other serious industrial
matters." Ms Penrose said. 

A university statement said Commissioner George's decision
had been noted.

"The University has consistently maintained that
jurisdiction on Dr Rindos' claim of unfair dismissal does
not rest with the Industrial Commission and is pleased that
the Commissioner's determination has vindicated its
position," the statement said. 

Interestingly, in the same month -- last June -- that the
University successfully put its case to Commission George,
Professor Gale, as a member of the Western Australian
Higher Education Council, formally recommended with the
state's three other Vice-Chancellors, that the Governor be
stripped of his judicial role as Visitor.

Writing to the State Education Minister, Mr Norman Moore,
the Vice-Chancellors noted that "in view of the emergence
of alternative mechanisms for dealing with a range of
issues the judicial role of the Visitor had, to some
extent, become anachronistic. It was yet another avenue for
redress."

A resolution was passed calling for "the abolition of the
role of the Visitor in a judicial capacity."

Last week, Dr Rindos's lawyers formally wrote to Government
House, beginning his Visitorial appeal.  Dr Rindos said:
"I'm happy that after being tied up with procedural matters
since late 1993 my case will finally be heard by the
Visitor who can look at the whole ranges of problems
surrounding archaeology at UWA.

The dispute began in 1991 with an inquiry into the
Archaeology Department. This resulted in its incorporation
into the Anthropology Department.

Former archaeology head, Professor Sandra Bowdler faced
another inquiry, conducted by law Professor Stan Hotop and
former Deputy Vice-Chancellor Douglas Clyde.  Their
findings have not been released.

While the University has consistently maintained that Dr
Rindos's sacking was unconnected to the events in
Archaeology, Professor Gale's dismissal letter included an
allegation that he could not get along with Professor
Bowdler.