Professor Manuel Graeber, a former neuropathology academic at the University of Sydney who was fired last November over allegations of “serious misconduct”, is suing the University in the Federal Court. Graeber claims that University management took unlawful action against him following public interest disclosures he had made last year, maintaining that the misconduct cases against him are “without basis” and that he was wrongfully dismissed.
In a statement of claim filed with the Federal Court, Graeber states no issues arose in the course of his employment from 2009 until May 2021. It goes on to say that the University’s allegations against Graeber were due to an email he sent Vice-Chancellor Stephen Garton in March 2021.
The email included allegations of bribery and blackmail of a younger staff member by a university manager brought to Graeber’s attention by the staff member’s supervisor and independently to that by two other professors, as well as complaints that Graeber was excluded and bullied in the workplace.
On May 24 2021, Graeber was accused of misconduct regarding the alleged installation of a security camera in his office without approval. Two more allegations of misconduct were filed against him by the University in 2022 and 2023. Graber was fired on November 3, 2023.
In a statement to Honi Soit, a University spokesperson said that Graeber’s employment was terminated “following a finding of serious misconduct, which was made after an extensive process, spanning over a year, considering more than fifteen concerns regarding Mr Graeber’s conduct.”
According to the spokesperson, these included “failing to comply with lawful and reasonable directions and assessments of the University regarding his work and conduct on ten occasions, making false or misleading statements on five occasions and acting in a manner contrary to the best interests of three students under his supervision.”
Regarding the accusations that Graeber was fired due to whistleblowing, the spokesperson said: “we have a clear mechanism for staff to raise any concerns they may have regarding management of the University, including by way of a public interest disclosure. All disclosures are properly assessed and we protect those who speak up from detriment, in line with our policies and legislation.
All our community is free to express their opinions, including about the University as our
Charter of Academic Freedom and Freedom of Speech clearly states; we strongly refute any suggestion we would take action against a staff member for simply doing that.”
In a comment to Honi, Graeber stated that he “rejects all allegations submitted by management in its defence to the court and categorically denies any misconduct.”
He went on to say that “because the whistleblowing legislation was repeatedly violated in my and many colleagues’ opinion and because internal audit failed to function properly I have asked the NSW Ombudsman on 14 January to refer the matter to the Australian Federal Police.”
The lawsuit will come before the Federal Court on June 4 following mediation.