Lucy v Commonwealth [1923] HCA 32

Lucy v Commonwealth [1923] HCA 32

A transferred State public servant wrongfully removed in breach of the conditional life tenure preserved by sec. 84 of the Constitution is entitled to damages for the pecuniary loss resulting from the premature termination, assessed on the basis of the Commonwealth salary at the date of dismissal, less amounts actually received due to retirement and subsequent outside earnings, but not to specific performance or continued salary.

Parties
Plaintiff: Edwin Robert Chettle Lucy; Defendant: The Commonwealth
Jurisdiction
Australia
Judgment Date
09 August 1923
Procedural Posture
Civil / Full Court on Stated Case – Determination of Remedies and Measure of Damages After Finding of Unlawful Removal
Outcome
Damages for wrongful dismissal; matter referred back for assessment of damages.
Legal Topics
Wrongful Dismissal, Remedies for Breach of Statutory Rights, Measure of Damages in Public Employment, Preservation of Rights on Transfer of Public Servants
Constitutional Law Public Service Law Employment Law Wrongful Dismissal Remedies for Breach of Statutory Rights Measure of Damages in Public Employment Preservation of Rights on Transfer of Public Servants

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Parties

Edwin Robert Chettle Lucy

Plaintiff

The Commonwealth

Defendant

Procedural Posture

Civil / Full Court on Stated Case – Determination of Remedies and Measure of Damages After Finding of Unlawful Removal

Legal Issues

  1. 1 What remedy is available for unlawful removal of a transferred public service officer under the Constitution and Commonwealth Public Service Act?
  2. 2 On what basis should damages be assessed for such wrongful termination?
  3. 3 Is the relevant salary for damages purposes that payable under State or Commonwealth law?

Ratio Decidendi

A transferred State public servant wrongfully removed in breach of the conditional life tenure preserved by sec. 84 of the Constitution is entitled to damages for the pecuniary loss resulting from the premature termination, assessed on the basis of the Commonwealth salary at the date of dismissal, less amounts actually received due to retirement and subsequent outside earnings, but not to specific performance or continued salary.

Court Disposition

Damages for wrongful dismissal; matter referred back for assessment of damages.

Orders

  • Action referred back for assessment of damages according to the articulated principles.
  • Costs to be costs in the action.