Kathleen Harding v University of New South Wales

Kathleen Harding (the appellant) brought proceedings against the University of New South Wales (the respondent) in the Supreme Court of New South Wales, Court of Appeal. The dispute concerned the respondent's decision to terminate the appellant's employment as a lecturer.

The primary legal issue before the Court of Appeal was whether the respondent had breached the terms of the appellant's employment contract by terminating her position. Specifically, the court had to determine if the termination was effected in accordance with the procedures and grounds stipulated in the contract and any relevant university statutes or regulations.

The Court of Appeal found that the University had not followed the correct procedures when terminating Ms Harding's employment. It was held that the University's actions were not in accordance with the terms of her contract and the relevant statutes, which required specific steps to be taken before such a termination could be lawfully effected. The court applied principles of contract law and administrative law, emphasizing the importance of procedural fairness and adherence to contractual obligations.

The Court of Appeal allowed the appeal, setting aside the decision of the primary judge and ordering that the appellant's employment be reinstated.