MALEKNIA v University of Sydney (No.2)

In the matter of *Maleknia v University of Sydney (No.2)*, heard before Judge Street, the applicant, Mr Maleknia, sought to challenge the University of Sydney's decision to terminate his employment. The dispute arose from allegations of misconduct against Mr Maleknia, which the University investigated and subsequently found to be substantiated, leading to his dismissal.

The central legal issue before the Court was whether the University's decision to terminate Mr Maleknia's employment was procedurally unfair. Specifically, the Court was required to determine if Mr Maleknia was afforded a fair opportunity to respond to the allegations made against him and if the University followed its own internal policies and procedures in reaching its decision.

Judge Street found that the University had failed to provide Mr Maleknia with adequate notice of the specific allegations against him and had not given him a reasonable opportunity to present his defence. The Court applied the principles of procedural fairness, which require that a person be given a fair hearing before a decision affecting their rights or interests is made. The University's failure to adhere to these principles rendered its decision to terminate Mr Maleknia's employment unfair.

Consequently, the Court ordered that the University's decision to terminate Mr Maleknia's employment be set aside.