University of Sydney v MALEKNIA

University of Sydney (the University) and Mr Maleknia (the respondent) were the parties in this matter before Judge Street. The dispute concerned the University's decision to terminate Mr Maleknia's employment as a senior lecturer. Mr Maleknia alleged that the termination was unlawful, constituting a breach of contract and a repudiation of his employment agreement.

The central legal issue before the court was whether the University's actions in terminating Mr Maleknia's employment amounted to a repudiation of his contract of employment. This required the court to consider the nature of the employment contract, the University's obligations under that contract, and whether its conduct was such that it evinced an intention no longer to be bound by its terms.

Judge Street found that the University's conduct, particularly its failure to follow its own stated procedures for academic appointments and its subsequent termination of Mr Maleknia's employment without proper cause or process, demonstrated a clear intention to depart from the essential terms of the employment contract. The court held that this conduct constituted a repudiation of the contract, entitling Mr Maleknia to accept the repudiation and claim damages for breach of contract. The University's actions were not merely a breach of a term, but a fundamental undermining of the contractual relationship.