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Uncomfortable truths

By Dilan Thampapillai - posted Wednesday, 29 April 2015


However, the speed at which the sacking took place demonstrates that very little time was given for McIntyre to get legal advice or to make a considered case defending his comments and for SBS to get its own legal advice and to sensibly consider steps short of dismissal.

Tim Wilson has defended his position saying that he sees it as a contractual issue. Notably, Wilson, who lacks a legal background, appears not to appreciate that McIntyre's employment contract with SBS is unlikely to be governed solely by the Social Media Protocol. There would be other instruments, quite apart from labour laws and the common law of contract, which would affect the validity of McIntyre's dismissal.

Bizarrely, Wilson has tried to draw a parallel between Barry Spurr and Scott McIntyre. The differences could not be more profound. Spurr's remarks were insulting and deeply racist, though not intended for public consumption. McIntyre's remarks, though unpalatable to some and rather sneeringly delivered, contain more than a grain of truth. Spurr was also subject to a proper investigative and disciplinary process within the University of Sydney before his resignation. McIntyre obviously has not received the same consideration.

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A grown up democracy should be able to handle the truth, even if the timing is unwelcome and the wording is harsh. It should also expect better from its public bodies.

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About the Author

Dilan Thampapillai is a lecturer with the College of Law at the Australian National University. These are his personal views.

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