Former professor accuses University of Technology Sydney of race, age discrimination

The University of Technology Sydney has been accused of violating ‘basic human rights’ and racial discrimination.

Former UTS professor Sarath Delpachitra.

A former professor has accused the University of Technology Sydney of racial and age discrimination, alleging his contract was not renewed because they wanted to hire a “Chinese person” in his position.

Sarath Delpachitra, 65, is taking UTS to the Federal Court, arguing that his human rights have been violated after he said his request to stay on as director and professor of the UTS Business School at Shanghai University in China was refused, despite what his legal team argued was a satisfactory work history.

Mr Delpachitra, a Sri Lankan-born Australian citizen, said he could not believe his “very basic human rights” had been violated.

“What’s happening here is discrimination based on my ethnic background, even though I have been in Australia for almost 30 years,” he said. “I just want to prove I was victimised and this has damaged my reputation.” He is seeking almost $800,000 in compensation for lost salary.

Mr Delpachitra, a finance and banking professional with 30 years of experience in academia and the public and private sectors, raised the looming end of his three-year contract (set to finish on May 31, 2019) with UTS dean of the business school Chris Earley in January 2019 to make it clear he wanted to continue in his position until his 66th birthday in February 2021.

Mr Delpachitra’s lawyers said he was given assurances he would be awarded another term overseas, but according to documents tendered in court, Mr Earley allegedly questioned his desires to keep working in Shanghai. “I would like to employ a Chinese person in that position,” he allegedly said. “I will be happy to recommend you work in Shanghai for one more year, but no more; I’d like to move a Chinese person to the role as soon as possible.”

Mr Delpachitra tried to negotiate his future with UTS and Shanghai University via email for several months last year, but the possibility of a further two-year stint in Shanghai was rejected and the initial promise of a one-year extension fell through.

A spokesperson said UTS “strongly denies it discriminated against Mr Del­pach­itra and will be defending his application.” The case will be heard this month.