Soliman v University of Technology, Sydney (No. 2) [2009] FCAFC 173

FEDERAL COURT OF AUSTRALIA

Soliman v University of Technology, Sydney (No. 2) [2009] FCAFC 173

INDUSTRIAL LAW – demotion of academic for misconduct – power of the Vice-Chancellor to take disciplinary action on receipt of a Committee's report containing findings of fact including findings as to whether any mitigating circumstances were evident where the report was not unanimous – unanimity not required where public duties were concerned – divergence of opinion amongst Committee members was an important matter for the Vice-Chancellor to consider – propriety of Acting Vice-Chancellor having regard to his briefing by the Vice-Chancellor before assuming his role as Acting Vice-Chancellor University of Technology, Sydney, Act 1989 (NSW) ss 4 and 5 Workplace Relations Act 1996 (Cth) ss 328, 333(c), 340(2), 342(1), 347(1), 347(5), 349, 351, and 418 Workplace Relations Amendment (Work Choices) Act 2005 (Cth) Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth) s 2(1) and Schedules 1, 3, 8 and 17 Workplace Relations Regulations 2006 (Cth) Reg 8.13) Byrne v Australian Airlines Limited (1995) 185 CLR 410 Ansett Transport Industries (Operations) Proprietary Limited v Wardley (1980) 142 CLR 237 Quickenden v O'Connor (2001) 109 FCR 243 Shop Distributive and Allied Employees' Association v Karellas Investments Pty Ltd (No 2) (2007) 166 IR 51 Bruce v Cole (1998) 45 NSWLR 163 Grindley v Barker (1798) 1 B&P 229; 126 ER 875 Minister for Immigration and Multicultural Affairs v Bhardwaj (2002) 209 CLR 597 SZFDE v Minister for Immigration and Citizenship (2007) 232 CLR 189 FAWZY IBRAHIM SOLIMAN v UNIVERSITY OF TECHNOLOGY, SYDNEY

NSD 1705 of 2008

GRAHAM, LOGAN AND FLICK JJ

7 DECEMBER 2009

SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY

FAIR WORK DIVISION NSD 1705 of 2008