Former RMIT University lecturer Dr Amir Reza Zokaei Fard denied the right to appeal sacking

An RMIT University lecturer who wrongly marked 57 students and was sacked for “serious misconduct” has been denied the right to appeal.

Former RMIT University lecturer Dr Amir Reza Zokaei Fard has been denied the right to appeal sacking. Picture: David Geraghty

An RMIT University lecturer who wrongly marked 57 students and said attending class was like “going to war” has been denied the right to appeal his sacking.

The ruling further cements the rights of employers to sack workers on sick leave if they refuse to submit to independent medical examinations.

Engineering lecturer Dr Amir Reza Zokaei Fard told a university performance review panel that “the students are waiting to kill me. You kill me and they get their free pass”.

Dr Fard spent around one year on paid personal leave out of 18 months during 2020 and 2021, submitting only general medical certificates saying he was unfit for work.

He was subsequently sacked in December 2021 for serious misconduct for refusing to attend three independent medical examinations ordered by the university.

In May Fair Work Commissioner Tanya Cirkovic said the request for Dr Fard to attend the medical examinations was lawful and reasonable, and was a valid reason for his termination.

Three members of the Fair Work Commission’s full bench in Brisbane ruled on Tuesday that Dr Fard did not have the right to appeal this finding.

RMIT University in Melbourne CBD Picture: David Geraghty

Dr Fard offered four grounds of appeal, including that the Commissioner made errors of fact and didn’t take into account relevant facts. He argued that the appeal was in the public interest and that employees should not be required to submit an independent medical examination where no valid reason had been provided.

In rejecting the appeal, Vice President Catanzariti, Deputy President Binet and Commissioner Schneider concluded that it would not be in the public interest for permission to appeal to be granted because “none of the appeal grounds or submissions have demonstrated appealable error in the Commissioner’s Decision”.

The ruling is being seen as a major finding asserting the right of employers to sack workers while on sick leave if they don’t comply with reasonable requests to provide sufficient evidence of their illness.

Dr Fard had been with the university since 2001, but problems started at the beginning of semester one 2020.

This was when Dr Fard assessed a large group of students as “not yet competent” – a move the university said was a “remarkable and unprecedented event”.

His marks represented a “significant anomaly” as the pass rate at the time was 60 to 80 per cent, according to the program co-ordinator in Mechanical, Aerospace and Civil Engineering.

Fifty-seven students had their marks changed to “competent” after review from other teachers.

Jim Babalis from Harwood Andrews said the case was a “big win for employers managing long-term and unspecified absences from difficult employees who are failing or refusing to follow directions for attending independent medical examinations or providing medical information”.