Graham v University of Wollongong

In the case of Graham v University of Wollongong, the applicant, Dr. Graham, sought a review of the University's decision to terminate his employment. The applicant, a senior academic, was employed under a series of fixed-term contracts. The university terminated his employment by not renewing his contract, citing a failure to meet probationary standards. The Federal Court was tasked with determining the nature of Dr. Graham's employment, the legality of the university's decision, and the assessment process that led to the termination.

The court had to decide whether Dr. Graham's employment was governed by a fixed-term contract or a continuing contract, and whether any variation of his employment terms was lawful. It also needed to determine if the university's probationary process was correctly applied and whether the termination was justified under the terms of his contract and applicable law. Additionally, the court examined whether the university's decision to terminate was retrospective in effect and whether it provided adequate reasons for the termination.

The court found that Dr. Graham's employment was indeed subject to a series of fixed-term contracts, and the university had the right to terminate his employment by not renewing his contract. However, the court found that the university's probationary process was flawed, as it was not determined in advance and lacked transparency. The court also determined that the university's reasons for termination were not adequately communicated to Dr. Graham, which was a breach of natural justice. Consequently, the court ruled that the university's decision to terminate Dr. Graham's employment was unlawful.

As a result, the court ordered the university to reinstate Dr. Graham to his previous position, with back pay and compensation for the wrongful termination. The university was also directed to implement a transparent and fair probationary process in line with legal standards.