Soliman v University of Technology, Sydney [2008] FCA 1512

Soliman v University of Technology, Sydney [2008] FCA 1512

The certified agreement does not form part of the contract of employment and is not itself a contract between the applicant and the University; breaches of procedural requirements in the disciplinary process, including admitted breaches, do not render disciplinary action invalid or entitle the applicant to declaratory, restorative, or compensation remedies beyond those established by the Workplace Relations Act; the only remedies available are those provided by statute, and the disciplinary action taken was valid.

Parties
Applicant: Dr Fawzy Ibrahim Soliman; First Respondent: University of Technology, Sydney; Intervener: Australian Higher Education Industrial Association
Jurisdiction
Australia
Judgment Date
10 October 2008
Procedural Posture
Application / Final Judgment
Outcome
Application dismissed
Legal Topics
Certified Agreements, Contract of Employment, Incorporation of Agreements, Remedies for Breach, Disciplinary Action, Statutory Interpretation
Industrial Law Employment Law Certified Agreements Contract of Employment Incorporation of Agreements Remedies for Breach Disciplinary Action Statutory Interpretation

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Parties

Dr Fawzy Ibrahim Soliman

Applicant

University of Technology, Sydney

First Respondent

Australian Higher Education Industrial Association

Intervener

Procedural Posture

Application / Final Judgment

Legal Issues

  1. 1 Whether the contract of employment incorporates the certified agreement
  2. 2 Whether the certified agreement constitutes a contract between applicant and university
  3. 3 Construction of contract of employment and certified agreement

Ratio Decidendi

The certified agreement does not form part of the contract of employment and is not itself a contract between the applicant and the University; breaches of procedural requirements in the disciplinary process, including admitted breaches, do not render disciplinary action invalid or entitle the applicant to declaratory, restorative, or compensation remedies beyond those established by the Workplace Relations Act; the only remedies available are those provided by statute, and the disciplinary action taken was valid.

Court Disposition

Application dismissed

Orders

  • The application is dismissed.
  • The exhibits may be returned.