Director-General of Education v Suttling [1987] HCA 3

Director-General of Education v Suttling [1987] HCA 3

A temporary appointment under s.51 (Education Commission Act 1980 (NSW)) does not confer upon the appointee a legally enforceable right to remain in the temporary position and receive associated emoluments for the entire specified term, notwithstanding the abolition of the position or administrative necessity, as...

Source-derived case information.

Jurisdiction
Australia
Procedural Posture
Appeal / High Court of Australia Judgment
Outcome
Appeal dismissed with costs.
Legal Topics
['temporary Public Service Appointment' 'security of Tenure' 'statutory Powers of Appointment' 'secondment' 'abolition of Position' 'crown Employment']
['employment Law' 'administrative Law' 'statutory Interpretation'] ['temporary Public Service Appointment' 'security of Tenure' 'statutory Powers of Appointment' 'secondment' 'abolition of Position' 'crown Employment']

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Procedural Posture

Appeal / High Court of Australia Judgment

Legal Issues

  1. 1 ['Whether a temporary appointment under s.51 of the Education Commission Act 1980 (NSW) confers an enforceable right to salary and conditions for the stated period regardless of abolition of the position.' 'Whether the Director-General has statutory power to shorten the period of a temporary appointment made under s.51 of the Act or to remove the officer before expiration without cause.']

Ratio Decidendi

A temporary appointment under s.51 (Education Commission Act 1980 (NSW)) does not confer upon the appointee a legally enforceable right to remain in the temporary position and receive associated emoluments for the entire specified term, notwithstanding the abolition of the position or administrative necessity, as the statute does not provide such security of tenure beyond the appointee’s occupancy, and any anticipated term is subject to the exigencies of the Service.

Court Disposition

Appeal dismissed with costs.

Orders

  • ['Appeal dismissed with costs.']