Brophy, Patrick & Ors v Mapstone, David John Garland & Ors Bourke, Michael Patrick v Mapstone, David John Garland & Ors [1984] FCA 273

Brophy, Patrick & Ors v Mapstone, David John Garland & Ors Bourke, Michael Patrick v Mapstone, David John Garland & Ors [1984] FCA 273

The Branch Council's mandatory procedural rules for dismissal were complied with or any defects were at most technical and did not invalidate the resolution. The rules of natural justice did not apply because employees dismissed were not elected officers, held no office under the Rules or statute, and the power of dismissal was unconditional. On costs, while the Court has power to award costs, s.197A prevents costs orders unless the proceeding was instituted vexatiously or without reasonable cause, which did not occur here.

Parties
Appellants: Patrick Brophy & Ors; Appellant: Michael Patrick Bourke; Respondents: David John Garland Mapstone & Ors
Jurisdiction
Australia
Judgment Date
05 September 1984
Procedural Posture
Appeal / Judgment on Appeal From Order Dismissing Application Under S.141 Conciliation and Arbitration Act 1904
Outcome
The appeals are dismissed.
Legal Topics
Dismissal of Employees, Observance of Rules of Organization, Natural Justice, Power of Branch Council, Costs
Industrial Law Dismissal of Employees Observance of Rules of Organization Natural Justice Power of Branch Council Costs

Case Brief

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Parties

Patrick Brophy & Ors

Appellants

Michael Patrick Bourke

Appellant

David John Garland Mapstone & Ors

Respondents

Procedural Posture

Appeal / Judgment on Appeal From Order Dismissing Application Under S.141 Conciliation and Arbitration Act 1904

Legal Issues

  1. 1 Whether the Branch Council complied with the rules regarding dismissal of employees
  2. 2 Whether natural justice is applicable to dismissals of employees occupying non-elected roles
  3. 3 Whether an order for costs can be made against appellants under relevant legislation

Ratio Decidendi

The Branch Council's mandatory procedural rules for dismissal were complied with or any defects were at most technical and did not invalidate the resolution. The rules of natural justice did not apply because employees dismissed were not elected officers, held no office under the Rules or statute, and the power of dismissal was unconditional. On costs, while the Court has power to award costs, s.197A prevents costs orders unless the proceeding was instituted vexatiously or without reasonable cause, which did not occur here.

Court Disposition

The appeals are dismissed.

Orders

  • The appeal be dismissed.
  • No order as to costs.