CAMPUS REVIEW,  2-8 March 1995

RINDOS CASE BOUND FOR VISITOR
    by Maureen de la Harpe


The case of American archaeologist Dr David Rindos against
the University of Western Australia will not be heard by
the WA Industrial Commission.

The commission handed down a ruling last week stating that
Rindos' application was dismissed "for want of
jurisdiction"  It ruled that because the university
provides an avenue of appeal, the provisions of which are
laid down in law, the commission is excluded from
exercising jurisdiction in the case. 

The avenue provided by the university is via the University
Visitor, a role traditionally filled by the state governor
(currently Major-General Michael Jeffrey) who has general
jurisdiction over disputes relating to internal affairs --
including allegations of wrongful dismissal and requests
for reinstatement.

Rindos, who is seeking reinstatement and reimbursement of
wages and entitlements lost following termination of his
contract, claims that after his dismissal he was advised
the university might seek to bar him from going to the
Visitor on the grounds that his contract had been
terminated and that he was no longer a member of the
university. He referred his case to the Industrial
Commission instead, and now says that he is relieved that
after 15 months of procedural motions, it will finally be
heard. 

"The University has told us and the Industrial Commission
that the Visitor is the appropriate forum," he said.  "The
Industrial Commission has accepted their statement, so we
will take up the University's invitation and present our
case to the Visitor as we have been instructed." 

"The great advantage for us, of course, in going to the
Visitor is that the issues raised by the over-all handling
of the problems in Archaeology at UWA can be considered. 
The Visitor, unlike the Industrial Commissioner, can hear
the most important issue of all. I believe we shall easily
prove that natural justice was denied me at every turn, and
therefor the decision of the Vice-Chancellor was grossly
unjust, harmed a totally innocent person, and should be set
aside."

In response to a claim by Rindos that the UWA
vice-chancellor last year "recommended in a different forum
that the Visitor should be stripped of all judicial
functions," Professor Fay Gale said she had never made any
such recommendation, nor had the Senate (the governing body
of the University) debated the issue in the past three
years.

Labor MP, Mr Mark Nevill, who raised a number of questions
about the Rindos case in state parliament last year, said
he was appalled by the length of time taken by the IRC to
reach a decision (the application was submitted in November
1993).

"There should be some explanation from the IRC regarding
the long delay.  I understand the university was going to
take it to the Supreme Court -- if not a higher authority
-- if the IRC decided it had jurisdiction. Was it the
threat of an appeal that caused the delay?" he asked.

Nevill said that the substantive issues in the case had
still to be addressed.  "I will be pursuing the case
relentlessly over the next 12 months until I am satisfied
that the vice-chancellor and the university have acted
fairly in this matter, and at the moment I am far from
convinced -- from the information I have received -- that
this is the case," he said.