Professor Patrick Keyzer, chair of law and public policy and head of the School of Law at La Trobe University, filed proceedings in the Federal Court on March 18, alleging the university breached its workplace obligations and section 50 of the Fair Work Act by taking “disproportionate disciplinary action” through the suspension despite the fact that an investigation failing to uncover any serious misconduct.

In August last year, La Trobe informed Keyzer of two bullying complaints which had been separately lodged against him by two professors. Both alleged Keyzer had “acted in an unreasonable or inappropriate way” on seven occasions between 2014 and 2016 with regards to one professor and on six occasions between 2016 and 2018 with regards to the other professor.

Jane Wright from WorkDynamic conducted an independent investigation into the complaints during October 2018, with two reports issued in February this year.

According to Keyzer’s statement of claim, Wright found his conduct towards one professor “did not constitute bullying” although his behaviour fell below the university’s standards. His conduct was “unreasonable, in that he used an inappropriate and unreasonable tone towards [the professor] and acted in an intimidating manner,” she wrote in her February report.

In the report, Wright said she was satisfied that, during a November 2016 meeting, Keyzer had paced around the room, flung a document, and pointed forcefully at the professor, but said she was unsure whether he had clenched his fists as alleged.

The report regarding the other professor made similar findings, with Wright saying Keyzer’s conduct “was at times less than ideal, however there was no finding of bullying”.

Incorrect and potentially misleading statements which Keyzer made in an April 2016 worker’s compensation claim filed by one of the professors were “not ideal,” Wright said, but found the conduct was not intentional or unreasonable.

At all times Keyzer rejected the conclusions reached by the investigator, and rejected the allegations made by the university based on the investigator’s reports.

Neither report by Wright “which was produced as a result of the investigation instituted by and conducted on behalf of the University … found any misconduct or serious misconduct by the applicant,” Keyzer wrote in his statement of claim.

After receiving these reports, La Trobe’s executive director of human resources Fiona Reed informed Keyzer she had been “made aware of certain allegations that if proven would constitute misconduct or serious misconduct,” eventually issuing a letter of suspension with pay on March 6 this year, according to the statement of claim.

Keyzer was ordered not to make contact with employees regarding the two complaints and said he was not expected to perform any work for the university.

Keyzer’s solicitor, Trevor Lloyd, responded to La Trobe a day later, asking for the immediate termination of the suspension. The university had no power to suspend his client, he said, the ordering of which raised “significant doubt” over the processes that were followed.

The conclusions in the reports did not provide a rational basis to find that Keyzer committed serious misconduct and warranted suspension, Lloyd said in his email. “It is not a reasonable response to this concern to say that an allegation of serious misconduct has been made and however outrageous or misguided that allegation may be, this provides a power to suspend.”

Keyzer is seeking compensation for losses stemming from the suspension as well as a pecuniary penalty, damages and orders restraining La Trobe from continuing the suspension or embarking on further disciplinary action regarding the complaints.

The law school head says the suspension would cause “serious harm” to his health, reputation and career, with losses including medical expenses; hurt, distress and humiliation; and damage to reputation.

The suspension would interfere with Keyzer’s ongoing work at the university, which included collaborating with the ABC on a series of law podcasts and creating an archive of land rights claims materials for the Australian Institute of Aboriginal and Torres Strait Islander Studies, Lloyd told the university. Furthermore, the suspension would also produce “significant harm” to Keyzer’s reputation which could not be addressed by an award of damages.

Keyzer was employed by La Trobe in April 2014, becoming a permanent tenured professor in 2015. His appointment as head of the School of Law was extended for a second three-year term in 2017.

La Trobe declined to comment on the legal proceedings, which will be heard by Justice Susan Kenny.

The case is Patrick Denis Keyzer v La Trobe University.