Seidler v Royal Melbourne Institute Of Technology and Anor (No.2)

Seidler (the applicant) brought proceedings against the Royal Melbourne Institute of Technology (RMIT) and its Vice-Chancellor (the respondents). The applicant sought to set aside a decision made by RMIT to terminate his employment. The matter came before Judge Street of the Supreme Court of Victoria.

The central legal issue before the Court was whether the applicant had been denied procedural fairness in the process leading to the termination of his employment. Specifically, the Court had to determine if the applicant had been given adequate notice of the case against him and a sufficient opportunity to respond to the allegations that formed the basis of RMIT's decision.

Judge Street found that RMIT had failed to provide the applicant with procedural fairness. The Court reasoned that the applicant was not adequately informed of the specific grounds upon which his termination was being considered, nor was he afforded a meaningful opportunity to present his case or challenge the evidence relied upon by RMIT. The principle applied was that an administrative decision affecting a person's rights or interests must be made according to the rules of natural justice, which include the right to be heard and the right to an unbiased decision-maker.

The Court ordered that the decision of RMIT to terminate the applicant's employment be set aside.