In the matter of the Conciliation and Arbitration Act 1904 and in the matter of an application under section 141 of the said Act between Cleworth, Joseph Robert v Barrow, J. & Ors [1978] FCA 37

In the matter of the Conciliation and Arbitration Act 1904 and in the matter of an application under section 141 of the said Act between Cleworth, Joseph Robert v Barrow, J. & Ors [1978] FCA 37

There was a denial of natural justice because at least three committee members had prejudged the charge by previously agreeing to the suspension before the hearing, and then participated in the determination of guilt and penalty at the meeting. As such, the resolutions of 10 October 1977 finding the claimant guilty of misconduct and suspending him from office were set aside as null and void.

Parties
Claimant: Joseph Robert Cleworth; Respondent: J. Barrow; Respondent: M. Boorman; Respondent: D. Brophy; Respondent: P. Burge; Respondent: A. Reid; Respondent: H.H. Simms
Jurisdiction
Australia
Judgment Date
29 May 1978
Procedural Posture
Application Under Statute / Final Judgment With Reasons
Outcome
Application granted; impugned resolutions declared null and void.
Legal Topics
Natural Justice, Procedural Fairness, Internal Disciplinary Proceedings, Union Rules
Industrial Law Administrative Law Natural Justice Procedural Fairness Internal Disciplinary Proceedings Union Rules

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Parties

Joseph Robert Cleworth

Claimant

J. Barrow

Respondent

M. Boorman

Respondent

D. Brophy

Respondent

P. Burge

Respondent

A. Reid

Respondent

H.H. Simms

Respondent

Procedural Posture

Application Under Statute / Final Judgment With Reasons

Legal Issues

  1. 1 Whether the suspension of the claimant from office for misconduct was valid under the organization's rules
  2. 2 Whether the rules of natural justice were observed by the Committee of Management in disciplinary proceedings

Ratio Decidendi

There was a denial of natural justice because at least three committee members had prejudged the charge by previously agreeing to the suspension before the hearing, and then participated in the determination of guilt and penalty at the meeting. As such, the resolutions of 10 October 1977 finding the claimant guilty of misconduct and suspending him from office were set aside as null and void.

Court Disposition

Application granted; impugned resolutions declared null and void.

Orders

  • That the respondents perform and observe the rules of the organisation by treating as null and void the resolutions of the Committee of Management carried at its meeting on 10 October, 1977 finding the claimant guilty of a charge of misconduct and suspending him from office for a period of three months.