MALEKNIA v University of Sydney

The applicant, Maleknia, brought proceedings against the respondent, the University of Sydney, in the Supreme Court of New South Wales. The dispute concerned the University's decision to terminate Maleknia's employment as a senior lecturer. Maleknia alleged that the termination was unlawful, claiming it breached the terms of his employment contract and that the University had failed to follow its own procedures in reaching its decision.

The central legal issues before the Court were whether the University had breached Maleknia's employment contract by terminating his employment and, if so, whether the University had acted in accordance with its own policies and procedures when making the decision to terminate. The Court was required to interpret the terms of the employment contract and the relevant University statutes and regulations to determine the extent of the University's obligations to Maleknia.

Judge Street found that the University had indeed breached Maleknia's employment contract. The Court determined that the University had failed to adhere to its own established disciplinary and dismissal procedures, which were incorporated into the terms of Maleknia's employment. Specifically, the Court held that the University had not provided Maleknia with adequate notice or a proper opportunity to respond to the allegations that led to his dismissal, thereby contravening the procedural fairness requirements stipulated in its own policies. The Court concluded that the termination was therefore unlawful.