Walsh, David Jonathon v Garrett, Mike & Anor [1998] FCA 473

Walsh, David Jonathon v Garrett, Mike & Anor [1998] FCA 473

The National Staffing Policy, read with the Managers' Guide and in the context of governmental commitments to fairness and transparency, gave content to the procedural fairness Mr Walsh was legitimately entitled to expect. Paragraph 9.4 required a letter advising placement, meaning placement in a particular position, cost centre and location, and a 14 day opportunity to express views. Mr Walsh received no such letter or oral equivalent, the meeting with Mr Kelly was not an acceptable substitute, and he was denied the opportunity to comment on the intended placement as an unattached officer in MLtd. The difficult relationship, grievance processes and litigation did not justify departure...

Jurisdiction
Australia
Judgment Date
06 May 1998
Procedural Posture
Application for an Order of Review Under the Administrative Decisions (judicial Review) Act 1977 (cth) / Reasons for Judgment After Hearing; Proceeding Stood Over for Orders, Including Costs
Outcome
Breach of natural justice found; final orders deferred and proceeding stood over to a date to be fixed.
Legal Topics
['procedural Fairness' 'natural Justice' 'legitimate Expectation' 'transfer of Employment Under Statute' 'consultation Procedures']
['administrative Law' 'employment' 'statutory Powers'] ['procedural Fairness' 'natural Justice' 'legitimate Expectation' 'transfer of Employment Under Statute' 'consultation Procedures']

Case Brief

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Procedural Posture

Application for an Order of Review Under the Administrative Decisions (judicial Review) Act 1977 (cth) / Reasons for Judgment After Hearing; Proceeding Stood Over for Orders, Including Costs

Legal Issues

  1. 1 ["What procedural fairness was required before the respondents decided to transfer Mr Walsh's employment from the Health Insurance Commission to Medibank Ltd under s 21 of the Health Insurance Commission (Reform and Separation of Functions) Act 1997 (Cth)." "Whether the National Staffing Policy and Managers' Guide prescribed consultation procedures, including a letter advising placement, that Mr Walsh was entitled to expect would be followed." 'Whether the consultation actually provided, including the meeting with Mr Kelly, satisfied the requirements of natural justice.' "Whether Mr Walsh's circumstances justified departure from the ordinary procedures prescribed by the National Staffing Policy."]

Ratio Decidendi

The National Staffing Policy, read with the Managers' Guide and in the context of governmental commitments to fairness and transparency, gave content to the procedural fairness Mr Walsh was legitimately entitled to expect. Paragraph 9.4 required a letter advising placement, meaning placement in a particular position, cost centre and location, and a 14 day opportunity to express views. Mr Walsh received no such letter or oral equivalent, the meeting with Mr Kelly was not an acceptable substitute, and he was denied the opportunity to comment on the intended placement as an unattached officer in MLtd. The difficult relationship, grievance processes and litigation did not justify departure...

Court Disposition

Breach of natural justice found; final orders deferred and proceeding stood over to a date to be fixed.

Orders

  • ['The proceeding be stood over to a date to be fixed for the purpose of making orders, including orders as to costs.' 'The applicant produce short minutes of orders sought in light of these reasons.' 'The application be adjourned to a date to be fixed to hear submissions on the orders to be made in light of these...