CASE PROCEDURES – procedural and interim decisions – s.789FC Fair Work Act 2009 – application for order to stop bullying – applicant employed pursuant to fixed-term contract as Senior Research Fellow of Asia Pacific Centre for Neuromodulation (Centre) – the Centre part of The Queensland Brain Institute at The University of Queensland (University) – commenced role on 11 March 2013 until termination of contract on 10 March 2017 – on 19 January 2017, contract renewed until 31 December 2017 – in 2015, anonymous complaint alleged applicant engaged in research misconduct – University had Research Misconduct Policy setting out principles for managing complaints of research misconduct which required it to undertake preliminary investigation if there is prima facie case that research misconduct existed – ‘Designated Person’ tasked with undertaking inquiries may recommend establishment of internal inquiry panel – Dr Susan O’Brien, Manager of the Office of Research Integrity at the University, was Designated Person with carriage of complaint made against applicant and also the ‘named person’ in application – University established inquiry panel involving Professor Koopman, Professor Hodges and Dr Kamke – on 16 March 2017, inquiry panel provided applicant draft report of its findings which were largely adverse to him – following applicant’s response, inquiry panel issued further draft report dated 26 May 2017 to 30 May 2017 and invited applicant to respond by 14 June 2017 – application made on 2 June 2017 and applicant sought expedition of application – following hearing before Hampton C on 9 June 2017, University agreed that applicant not be required to provide written response until 20 June 2017 – matter listed for urgent hearing before Commission on 15 June 2017 to determine whether interim orders be issued – parties reached agreement to deal with interim issues and no interim orders made – applicant discovered that his contract would not be renewed after 31 December 2017 and sought re-listing of matter – parties agreed at hearing on 30 June to compress timetable to complete inquiry into alleged research misconduct – University submitted it wished to make formal offer to Dr X to accept employment from 1 January 2018 – applicant pressed Commission to make order to prevent University from offering role to any person until substantive application before Commission determined – Commission held that applicant’s rights relevant to substantive application not adversely affected by decision of University to offer new role commencing 1 January 2018 to new person – declined to make interim order sought – University at liberty offer Dr X the role commencing 1 January 2018 – Commission directed University to provide undertaking to commit to timetabling of completing inquiry by 4.00pm 11 July 2017. Dr Subramanian
