Sick Sydney University academic sacked after return-to-work decree
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A long-serving University of Sydney academic with severe respiratory and autoimmune conditions is facing the sack after the institution refused to let him continue teaching online, despite medical advice urging them to do so.
The university has deemed senior psychology lecturer Niko Tiliopoulos unfit to work after two doctors, including one commissioned by the university’s review panel, found there would be a substantial risk to his health, including death, if he returned to campus.
Niko Tiliopoulos has been fired by the University of Sydney due to a medical condition that doesn’t allow him to work in crowded lecture theatres or classrooms.Credit: Janie Barrett
Tiliopoulos has been told he will be fired if he does not resign, as the institution pushes ahead with its plan to move almost all classes on-campus after widespread online learning during the COVID-19 pandemic.
The university has rebuffed attempts by Tiliopoulos and his union to accommodate for his disability by allowing him to continue remote teaching or discuss an altered role, insisting face-to-face teaching was an “inherent requirement” of his employment.
Tiliopoulos, an employee of 16 years, has rheumatoid arthritis and significant respiratory conditions that have resulted in ICU admissions. He says he is devastated by the decision, which would leave him without a job by the end of the month.
“It hurts being discriminated against; it deeply hurts,” he said.
“When such discrimination emanates from an employer such as Sydney University, it does indeed feel like a betrayal; in fact, a familial betrayal.”
Sydney University stopped offering remote units in September, after vice chancellor Mark Scott last year told staff that subjects not designed to be delivered online failed to provide students with the same high-quality experience as face-to-face classes.
Tiliopoulos filed a formal flexible working arrangement in February to continue teaching remotely as he had done for the previous three years. He provided supporting documentation from his specialist, who stated his life would be at risk if he had to work in person in crowded lecture and tutorial settings.
The university then ordered that he undergo a medical assessment by an independent doctor nominated by the institution. That doctor agreed with Tiliopoulos’ specialist that his life could be at risk by being exposed to COVID-19 and influenza, and recommended he continue working from home.
However, in July the university informed the academic his employment would be terminated because doctors had determined he was “unfit to work”.
“It is a deeply unfortunate situation that through no fault of your own, and that even with controls in place, there would still be a substantial risk to your health if you were to return to work,” the letter said.
“It is now clear on the medical advice that it is not going to be possible to safely return you to the workplace performing all the required duties of your substantive position.”
Tiliopoulos said his student feedback from online-delivered subjects had always been excellent, making the university’s decision more perplexing to him.
“I have poured my mind and soul into academia because I truly care about my students and the quality of their education,” he said.
“I have been continuously going beyond what is expected by my employment contract to further enhance my students’ educational experience. I have never asked nor expected any acknowledgement by the university.”
Sydney University said it cannot comment on individual matters due to its strict privacy requirements.
“We take our obligations to comply with relevant disability discrimination legislation very seriously – including by providing ‘reasonable adjustments’ to assist staff members with a disability to perform the inherent requirements of their role,” the spokesperson said.
“There are many cases across the university where these adjustments are in place, but employees are still required to perform the inherent requirements of their position.”
National Tertiary Education Union NSW secretary Vince Caughley said the university was laser-focused on its “stubborn refusal” to consider remote teaching or any other way to keep Tiliopoulos employed. The union will present a petition to the university supporting him this week.
“The University of Sydney claims to be an employer of choice for staff with disability, but they’re
failing here,” he said.
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