R v Booth; Administrative & Clerical Officers' Association, Ex p [1978] HCA 14

R v Booth; Administrative & Clerical Officers' Association, Ex p [1978] HCA 14

The Deputy Arbitrator had statutory power to make an order granting a right of appeal against outsider appointments as a condition of employment under s. 12D(1)(b) of the Act, provided it was necessary or desirable to resolve the industrial situation. The Deputy Arbitrator misinterpreted his jurisdiction by declining to consider the merits, and thus his orders were quashed by certiorari and mandamus issued to require exercise of jurisdiction.

Jurisdiction
Australia
Procedural Posture
Order Nisi (mandamus, Certiorari, Prohibition) / High Court Judgment and Reasons
Outcome
Mandamus and certiorari granted; prohibition refused. Orders of the Deputy Arbitrator quashed and matter remitted for jurisdictional exercise.
Legal Topics
['jurisdiction of Arbitrator' 'right of Appeal in Employment' 'mandamus' 'certiorari' 'prohibition' 'conditions of Employment']
['administrative Law' 'industrial Law' 'public Service Law'] ['jurisdiction of Arbitrator' 'right of Appeal in Employment' 'mandamus' 'certiorari' 'prohibition' 'conditions of Employment']

Case Brief

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Procedural Posture

Order Nisi (mandamus, Certiorari, Prohibition) / High Court Judgment and Reasons

Legal Issues

  1. 1 ['Whether the Deputy Arbitrator had jurisdiction to make an order granting a right of appeal to public service officers against the appointment of outsiders to positions in the service' 'Whether such an order would be a condition of employment within the meaning of the statute' 'Whether the orders made by the Deputy Arbitrator exceeded his jurisdiction or failed to consider the merits of the dispute']

Ratio Decidendi

The Deputy Arbitrator had statutory power to make an order granting a right of appeal against outsider appointments as a condition of employment under s. 12D(1)(b) of the Act, provided it was necessary or desirable to resolve the industrial situation. The Deputy Arbitrator misinterpreted his jurisdiction by declining to consider the merits, and thus his orders were quashed by certiorari and mandamus issued to require exercise of jurisdiction.

Court Disposition

Mandamus and certiorari granted; prohibition refused. Orders of the Deputy Arbitrator quashed and matter remitted for jurisdictional exercise.

Orders

  • ['Mandamus to issue to the Deputy Arbitrator to exercise jurisdiction.' 'Certiorari to quash the existing orders.' 'Prohibition order discharged as unnecessary.' 'Order nisi made absolute as to mandamus and certiorari, discharged so far as prohibition.' "Respondents (other than the Deputy Arbitrator) to pay the...