Hunkin Nominal v Siebert [1934] HCA 43

Hunkin Nominal v Siebert [1934] HCA 43

The Public Service Act 1916 (S.A.) defines exclusively the modes and occasions for suspension of public servants, and unless the statutory pathway is followed, the Crown cannot lawfully withhold salary during suspension; the power to dismiss does not include as of necessity a separate power to suspend that deprives an officer of remuneration.

Parties
Appellant: Hunkin; Respondent: Siebert, Joseph Augustine
Jurisdiction
Australia
Procedural Posture
Appeal / High Court of Australia on Appeal From Supreme Court of South Australia
Outcome
Appeal dismissed with costs.
Legal Topics
Power to Suspend Public Servants, Right to Salary During Suspension, Public Service Act 1916 (s.a.), Interpretation of Statutory Powers, Dismissal and Suspension Distinctions
Administrative Law Employment Law Public Service Law Power to Suspend Public Servants Right to Salary During Suspension Public Service Act 1916 (s.a.) Interpretation of Statutory Powers Dismissal and Suspension Distinctions

Case Brief

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Parties

Hunkin

Appellant

Siebert, Joseph Augustine

Respondent

Procedural Posture

Appeal / High Court of Australia on Appeal From Supreme Court of South Australia

Legal Issues

  1. 1 Whether a public servant is entitled to salary during suspension pending criminal charges
  2. 2 Whether the power to suspend is incidental to the power to dismiss under the Public Service Act 1916 (S.A.)
  3. 3 Whether the Crown can withhold salary during suspension if not proceeding under statutory grounds for suspension

Ratio Decidendi

The Public Service Act 1916 (S.A.) defines exclusively the modes and occasions for suspension of public servants, and unless the statutory pathway is followed, the Crown cannot lawfully withhold salary during suspension; the power to dismiss does not include as of necessity a separate power to suspend that deprives an officer of remuneration.

Court Disposition

Appeal dismissed with costs.

Orders

  • Appeal dismissed.
  • Appellant to pay respondent's costs.