Grady v Commissioner for Railways (NSW) [1935] HCA 44

A successful appeal against dismissal under sec. 82 of the Government Railways Act 1912 (N.S.W.) has the effect of treating the dismissal as if it never occurred, so the officer is entitled to all salary that accrued during the period between the dismissal and its reversal by the appeal board.

Parties: Appellant: John Grady; Respondent: Commissioner for Railways (N.S.W.)
Jurisdiction: Australia
Procedural Posture: Appeal / Appeal From the Full Court of the Supreme Court of New South Wales, Decision on Demurrer
Outcome: Appeal allowed with costs. Judgment of the Supreme Court discharged and judgment entered for the plaintiff in demurrer.
Legal Topics: Public Service Employment, Dismissal and Reinstatement, Statutory Interpretation

Administrative Law Employment Law Public Service Employment Dismissal and Reinstatement Statutory Interpretation

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Parties

John Grady

Appellant

Commissioner for Railways (N.S.W.)

Respondent

Procedural Posture

Appeal / Appeal From the Full Court of the Supreme Court of New South Wales, Decision on Demurrer

Legal Issues

1 Whether an officer dismissed for misconduct but reinstated on appeal is entitled to salary for the period between dismissal and reinstatement under the Government Railways Act 1912 (N.S.W.)

Ratio Decidendi

Court Disposition

Appeal allowed with costs. Judgment of the Supreme Court discharged and judgment entered for the plaintiff in demurrer.

Orders

Appeal allowed with costs
Judgment of the Supreme Court discharged