This case revolves around Aleksander Owczarek, a professor at the University of Melbourne, and his interactions with a younger female colleague, leading to his dismissal and subsequent reinstatement by the Fair Work Commission. The initial incident occurred at a work dinner in September 2019 where Owczarek, after expressing anxiety beforehand, professed his love for his colleague, leaving her shocked and uncomfortable. This declaration, coupled with a subsequent text message referencing “white powder” and expressing intense happiness, cemented the woman’s discomfort and prompted her to establish distance.
Despite her attempts to maintain a professional relationship, Owczarek persisted in contacting her, sending numerous unanswered messages while she was off work following the dinner incident. He expressed a desire to apologize in person and reconcile their working relationship, acknowledging the impact of his actions on her and his own struggles to focus on work. The woman explicitly stated that their relationship was strictly professional, a sentiment Owczarek verbally agreed with, claiming he no longer harbored romantic feelings. However, his behavior was described by a university HR manager as that of a “teenage boy” with a romanticized view of women and relationships, foreshadowing potential future problems.
The inappropriate behavior continued for 18 months, with Owczarek repeatedly texting and attempting to arrange social outings with his colleague, despite her consistent rejections. He sent messages regarding holidays, his new puppy, and work matters, all of which went unanswered. Finally, in March 2021, the woman explicitly stated her discomfort with his perceived closeness and requested him to cease contact, a request he agreed to and followed with a formal written apology. This marked the end of the unsolicited contact.
Two years later, in February 2023, Owczarek’s application for a new position within the science faculty triggered the woman, still employed at the university, to file a formal complaint against him. Her motivation, she later testified, was to prevent him from securing the new role, not to have him terminated. The university launched an investigation culminating in Owczarek’s dismissal in December 2023.
The Fair Work Commission, while acknowledging Owczarek’s inappropriate conduct and sexual harassment, deemed the university’s dismissal “harsh, unjust, and unreasonable”. Deputy President Andrew Bell criticized Owczarek’s actions at the dinner and the subsequent text message, recognizing the distress it caused the woman. He also noted the professor’s “profound lack of insight” regarding workplace boundaries. However, the Commission ultimately ruled in favor of Owczarek’s reinstatement, citing the absence of further misconduct since March 2021 and the woman’s stated intention not to have him dismissed.
This decision highlights the complexities of workplace harassment cases, where the severity of the initial misconduct and the subsequent actions of both parties are carefully considered. The university expressed its disappointment with the reinstatement order, standing by its initial decision to dismiss Owczarek. Meanwhile, Owczarek expressed gratitude for the opportunity to resume his career, maintaining his innocence throughout the ordeal. The woman, having left the university, is no longer directly involved in the ongoing legal and professional ramifications of the case.
