Harding v Vice Chancellor, University of NSW

The complainant, Mr Harding, brought a complaint against the University of New South Wales, specifically against the Vice Chancellor. The dispute arose from a decision by the University to terminate Mr Harding's employment. The case was heard in the Federal Circuit Court of Australia. Mr Harding alleged that his termination was unlawful and constituted a breach of his contract of employment.

The primary legal issue the court had to address was whether the University's decision to terminate Mr Harding's employment was lawful. The court needed to consider the terms of the employment contract, the university’s policies, and any applicable laws or regulations. Additionally, the court had to examine whether the University followed a fair and procedurally just process in reaching its decision to terminate Mr Harding's employment.

The court examined the evidence and found that the University had followed its own policies and procedures in terminating Mr Harding's employment. The University provided detailed reasons for the decision and demonstrated that it had followed a fair process. The court concluded that the University's decision was lawful and that Mr Harding's complaint was unfounded. As a result, the court dismissed the complaint and ordered Mr Harding to pay the University's costs. If the parties could not agree on the amount of costs, the matter would be referred to a costs assessor under the Legal Profession Act 1987.