Academic Sacked Over Romantic Messages to PhD Student, Later Wins Appeal
A distinguished professor, once dismissed from his prestigious role at the University of Melbourne over romantic text messages and a suggestive photograph sent to a PhD student, has achieved a significant legal victory. The Fair Work Commission has ruled his termination in December 2024 as unreasonable, citing the university’s considerable delay in addressing the matter.
Professor Stephan Matthai, a leading figure in Geotechnical Engineering, was let go after it came to light that in 2017, he had engaged in inappropriate communication with a female PhD student under his supervision. This included sending romantic texts and a photograph of himself in his boxer shorts. However, the commission found that the university’s decision to dismiss Professor Matthai, then 63, seven years after the alleged misconduct occurred, was an excessive response.
The University of Melbourne was granted permission to appeal this decision, arguing it was in the public interest. Their legal team presented several grounds for appeal, challenging the commission’s findings on the harshness of the dismissal and the professor’s understanding of whether his actions breached the university’s Appropriate Workplace Behaviour policy. Despite these efforts, the Full Bench of the Fair Work Commission ultimately rejected all grounds of appeal. They concluded that Deputy President Alan Colman’s assessment of the dismissal’s harshness fell within the bounds of reasonable discretionary decisions.
The bench acknowledged that while a different decision-maker might have reached a different conclusion, the misconduct was indeed serious, particularly given the power imbalance inherent in the relationship between a senior academic and a PhD student. Aspects of Professor Matthai’s conduct were described as “highly inappropriate.” Nevertheless, the commission supported Deputy President Colman’s emphasis on Professor Matthai’s otherwise unblemished professional record following the 2017 incident.
The situation dates back to 2017, when an unnamed PhD student, who had secured a scholarship to study in Melbourne, began her academic journey under Professor Matthai’s guidance. What started as a professional relationship soon evolved into something more personal.
A Shift in Communication
Professor Matthai, who was 55 at the time, began sharing intimate details of his life with the student, including his recent break-up. He responded to a poem written by the student with one of his own, describing their connection in evocative terms:
“We are like the dry soil soaking up the autumn rain after a long hot summer. It is very beautiful and caresses our souls, but it should not give you pain. You know that I am barely coping with the separation from [omitted].”
Their communications gradually moved from official university channels to personal emails and private video chats. Professor Matthai deliberately avoided university systems, expressing a desire to evade detection by what he termed “UoM internet security people.” He referred to their private conversations as a “beautiful reawakening” that they shared on a “deep intuitive level.”
Over a two-month period, their exchanges intensified. During this time, Professor Matthai sent the student a photograph of himself wearing only his boxer shorts. The tribunal later deemed these messages to be “inappropriate and unprofessional,” but crucially, not sufficient grounds for dismissal.
The University’s Delayed Action
Despite the university being made aware of these communications in 2017, Professor Matthai was permitted to continue in his role for another seven years. The tribunal specifically criticised the university’s protracted delay in taking action, suggesting that this inaction had effectively condoned his continued employment. No further concerns were raised regarding Professor Matthai’s conduct in the intervening years.
Professor Matthai contended that during the period when the inappropriate messages were sent, he was navigating a challenging personal break-up, which he believed affected his judgment. He also stated that he attempted to manage the student’s expectations once he realised she had developed romantic feelings for him.
In 2018, the student reportedly informed the university’s HR department that Professor Matthai had displayed a lack of appropriate boundaries and that some of his comments had made her feel uncomfortable. However, she opted not to lodge a formal complaint, fearing it might jeopardise her PhD studies.
Formal Complaint and Investigation
Years later, in January 2024, the student finally lodged a formal complaint with HR concerning Professor Matthai. Among her allegations, she claimed that Professor Matthai had subjected her to “sexual and mental abuse” over a 14-month period.
In response, the university engaged an external investigator to examine the matter. The investigation involved a review of 141 text messages and emails, which included declarations of love from the student towards Professor Matthai. The scope of the investigation did not include sexual harassment, and Professor Matthai categorically denied any form of abuse.
The Outcome
Professor Matthai’s successful appeal resulted in his reinstatement to his former position, which carried a salary of $226,000. The Fair Work Commission’s decision highlights the importance of timely and proportionate responses from employers when addressing workplace misconduct, particularly when significant time has elapsed since the alleged events. The ruling underscores that while serious misconduct warrants attention, the process and timing of disciplinary actions are critical factors in determining the fairness of a dismissal.
