Young, G.J. v. Brennan, D.P. & Ors [1985] FCA 335

Young, G.J. v. Brennan, D.P. & Ors [1985] FCA 335

The Disciplinary Appeal Board did not breach the rules of natural justice in refusing an adjournment. It was proper for the Board and the inquiring officer to consider the applicant's prior employment history and general character when determining penalty. The judicial review application is dismissed as there was no error in the Board’s conduct or findings.

Parties
Applicant: Graham John Young; First Respondent: Desmond Patrick Brennan; First Respondent: Ross Lloyd Hintz; First Respondent: Robert Frost; Second Respondent: Australian Postal Commission
Jurisdiction
Australia
Judgment Date
01 May 1985
Procedural Posture
Judicial Review Application / Final Judgment
Outcome
Application dismissed
Legal Topics
Judicial Review, Natural Justice, Disciplinary Proceedings, Dismissal From Employment
Administrative Law Judicial Review Natural Justice Disciplinary Proceedings Dismissal From Employment

Case Brief

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Parties

Graham John Young

Applicant

Desmond Patrick Brennan

First Respondent

Ross Lloyd Hintz

First Respondent

Robert Frost

First Respondent

Australian Postal Commission

Second Respondent

Procedural Posture

Judicial Review Application / Final Judgment

Legal Issues

  1. 1 Whether rules of natural justice were observed in inquiry by the Disciplinary Appeal Board
  2. 2 Whether it was appropriate to consider the applicant's prior employment history in imposing punishment
  3. 3 Whether the severity of the penalty (dismissal) was excessive

Ratio Decidendi

The Disciplinary Appeal Board did not breach the rules of natural justice in refusing an adjournment. It was proper for the Board and the inquiring officer to consider the applicant's prior employment history and general character when determining penalty. The judicial review application is dismissed as there was no error in the Board’s conduct or findings.

Court Disposition

Application dismissed

Orders

  • The application be dismissed
  • The applicant to pay the respondents' costs, to be taxed if not agreed