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The Forum > General Discussion > No Remorse: Same Old Same Old At James Cook University

No Remorse: Same Old Same Old At James Cook University

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Has Peter Ridd been re-instated at JCU?

This is just simple short-term thinking. The real outcome is now in development brought on by this saga !
Posted by individual, Wednesday, 3 July 2019 10:47:50 PM
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Foxy,

While the judge in the Ridd case has delivered the verdict, the remedy has yet to be delivered, and typically this will occur either after negotiations between the parties or if this fails by the judge a few months later.

At this stage the options would include:
1 full reinstatement with back pay legal costs and possibly a penalty,
2 legal costs, back pay, compensation for potential future payment losses and a penalty.
Posted by Shadow Minister, Thursday, 4 July 2019 8:19:30 AM
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individual,

He has not been reinstated and is unlikely to be. I doubt that he would be looking at that, as the JCU thugs have now made it impossible for anyone to get the judgement he did. JCU have cynically used the opportunity to ensure that they will never be able to be brought to book for blocking the truth again. Nice people, hey?
Posted by ttbn, Thursday, 4 July 2019 11:25:53 AM
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Judge Salvatore Vasta went out of his way to be clear
about what the trial and his decision regarding the
Peter Ridd case was and wasn't all about.

He wrote that some had thought that the trial was about
freedom of speech and intellectual freedom, and the
media reports had considered "this trial was about
silencing persons with controversial or unpopular
views."

Vasta wrote " this trial was about none of the above."
"Rather the trial was purely and simply about the
proper construction of a clause in an Enterprise
Agreement."

Contrast this with editorials in The Australian,
Institute of Public Affairs, comments in Breitbart to
mention just a few which mentioned things like -
academic integrity, the health of the Great Barrier
Reef, marine science, climate change - none of which had
anything to do with the case.

Peter Ridd wanted his job back but James Cook University
made it quite clear it was considering its options
on the case decided by Judge Vasta.

There are unusual circumstances. In an article in the
Australian Financial Review the newspaper's legal affairs
editor Michael Pelly asked in February "Is Salvatore
Vasta Australia's Worst Judge?"

Pelly was reviewing what he described as "withering
denunciations"in appeal courts of 3 of Judge Vasta's
findings and the prospect of a parliamentary inquiry into
Vasta's fitness to remain on the bench. over concerns about
his judgement.

cont'd ...
Posted by Foxy, Thursday, 4 July 2019 1:04:46 PM
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cont'd ...

If James Cook University is considering an appeal
its lawyers may consider bringing up the fact that
Judge Vasta has been overturned on appeal at least
15 times since he was appointed in 2015 by then
Attorney General George Brandis, a conservative
politician.

JCU's response to Vasta's decision was:

"We disagree with the Judge's comments and are also
troubled by the fact he fails to refer to any legal
precedent of case law in Australia to support his
interpretation of our enterprise agreement or
academic freedom in Australian employment law.
The judgement reflects views, which are not supported
in any way by any case law or legal precedent."

JCU has been at pains to point out that Peter Ridd
was "never gagged or silenced about his scientific views."
A matter that was admitted during the court hearing.

A hearing date for penalties has not yet been set.
Posted by Foxy, Thursday, 4 July 2019 1:11:34 PM
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Peter Ridd
was "never gagged or silenced about his scientific views."

?? So, why all the kerfuffle ?
Posted by individual, Thursday, 4 July 2019 8:20:16 PM
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