Fay Louise Sconce v Commissioner of Corrective Services & Ors; Evelyn Lloyd v Commissioner of Corrective Services & Ors [2008] NSWCA 94

Fay Louise Sconce v Commissioner of Corrective Services & Ors; Evelyn Lloyd v Commissioner of Corrective Services & Ors [2008] NSWCA 94

The advertisement referred only to permanent and temporary Assistant Superintendent positions at locations State-wide and did not identify the vacant offices or their locations; nor was there evidence that any incorporated document or Intranet source identified them. Because the relevant invitation to apply for the vacant offices was not published, s 21(1)(g) did not bar the appellants' appeals, and s 22(b) permitted employees in the same Division to appeal. The Tribunal therefore had jurisdiction and erred in striking out the appeals.

Jurisdiction
Australia
Judgment Date
15 May 2008
Procedural Posture
Consolidated Appeals From a Decision of the Government and Related Employees Appeal Tribunal Concerning Promotion Appeals Under S 20 of the Government and Related Employees Appeal Tribunal Act 1980 / Court of Appeal Judgment
Outcome
Appeals allowed with costs; Tribunal decision set aside; matters remitted to the Tribunal to be heard and determined according to law.
Legal Topics
['promotion Appeals' 'tribunal Jurisdiction' 'vacant Office Advertisements' 'statutory Interpretation' 'government and Related Employees Appeal Tribunal']
['public Service' 'employment Law' 'administrative Law'] ['promotion Appeals' 'tribunal Jurisdiction' 'vacant Office Advertisements' 'statutory Interpretation' 'government and Related Employees Appeal Tribunal']

Case Brief

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Procedural Posture

Consolidated Appeals From a Decision of the Government and Related Employees Appeal Tribunal Concerning Promotion Appeals Under S 20 of the Government and Related Employees Appeal Tribunal Act 1980 / Court of Appeal Judgment

Legal Issues

  1. 1 ["Whether the Government and Related Employees Appeal Tribunal had jurisdiction to entertain the appellants' appeals from promotions to Assistant Superintendent positions." 'Whether s 21(1)(g) barred the appeals because the appellants had not applied for the particular positions challenged.' "Whether the employer's advertisement identified the vacant offices or sufficiently invited applications for appointment to the vacant offices." 'Whether s 22(b) permitted the appeals where no relevant invitation to apply for the vacant offices was published.']

Ratio Decidendi

The advertisement referred only to permanent and temporary Assistant Superintendent positions at locations State-wide and did not identify the vacant offices or their locations; nor was there evidence that any incorporated document or Intranet source identified them. Because the relevant invitation to apply for the vacant offices was not published, s 21(1)(g) did not bar the appellants' appeals, and s 22(b) permitted employees in the same Division to appeal. The Tribunal therefore had jurisdiction and erred in striking out the appeals.

Court Disposition

Appeals allowed with costs; Tribunal decision set aside; matters remitted to the Tribunal to be heard and determined according to law.

Orders

  • ['Appeals allowed with costs.' 'Decision of the Government and Related Employees Appeal Tribunal, ordering that the appeals to that Tribunal by Ms Sconce and Ms Lloyd be struck out for want of jurisdiction, set aside.' 'Order that both matters be remitted to the Tribunal to be heard and determined according to law.']