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Employer ordered to reinstate "deliberately provocative" employee

The Federal Court has ordered the reinstatement of an employee sacked for making "deliberately provocative" social media posts, but declined to order damages for distress, finding he didn't appear to be "an individual whose feelings might easily be hurt".

The case has been on foot since 2019, after the University of Sydney senior lecturer made a general protections application claiming the employer – and its senior deputy vice-chancellor, through his involvement – breached the relevant enterprise agreement in dismissing him for exercising "an enforceable right to intellectual freedom".

In previous years, the employee had been warned about posts he'd made on his Facebook page and Twitter account, one of which showed a cropped Swastika superimposed over the Israeli flag...

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