Jenkins, Roy Anthony v. Gleeson, Jennifer Ruth [1981] FCA 177

Jenkins, Roy Anthony v. Gleeson, Jennifer Ruth [1981] FCA 177

The appeal was allowed because the respondent was not denied natural justice. Fox J held that, assuming natural justice applied, the respondent had adequate opportunity to say why she should not be stood down and the stand down was indefinite rather than for a fixed nine-day period requiring a separate hearing. Keely J held that the statutory scheme, following a hearing before the Arbitrator at which the respondent's organisation was represented, did not require a further hearing before standing down an officer who refused to perform part of her duties. The direction was authorised by the Arbitrator's determination, was not merely hypothetical, and the respondent's answers constituted a...

Jurisdiction
Australia
Judgment Date
24 September 1981
Procedural Posture
Appeal From the Supreme Court of the Australian Capital Territory Concerning Certiorari to Quash a Public Service Stand Down Decision / Appeal
Outcome
Appeal allowed; Supreme Court orders set aside; order nisi discharged; respondent ordered to pay costs.
Legal Topics
['stand Down of Commonwealth Public Service Officer' 'industrial Situation' 'natural Justice' 'audi Alteram Partem' 'certiorari']
['industrial Law' 'administrative Law' 'public Service Law'] ['stand Down of Commonwealth Public Service Officer' 'industrial Situation' 'natural Justice' 'audi Alteram Partem' 'certiorari']

Case Brief

Summary, issues, holding and outcome

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Procedural Posture

Appeal From the Supreme Court of the Australian Capital Territory Concerning Certiorari to Quash a Public Service Stand Down Decision / Appeal

Legal Issues

  1. 1 ['Whether the respondent was denied natural justice before the appellant decided to stand her down from duty.' 'Whether the respondent had to be heard on the period of any stand down.' "Whether the direction given to the respondent was authorised by the Deputy Public Service Arbitrator's determination." "Whether the respondent's response amounted to a refusal to perform part of her duties."]

Ratio Decidendi

The appeal was allowed because the respondent was not denied natural justice. Fox J held that, assuming natural justice applied, the respondent had adequate opportunity to say why she should not be stood down and the stand down was indefinite rather than for a fixed nine-day period requiring a separate hearing. Keely J held that the statutory scheme, following a hearing before the Arbitrator at which the respondent's organisation was represented, did not require a further hearing before standing down an officer who refused to perform part of her duties. The direction was authorised by the Arbitrator's determination, was not merely hypothetical, and the respondent's answers constituted a...

Court Disposition

Appeal allowed; Supreme Court orders set aside; order nisi discharged; respondent ordered to pay costs.

Orders

  • ['The appeal be allowed.' 'The orders made in the Supreme Court be set aside.' 'In lieu thereof, the order nisi be discharged.' "The respondent pay the appellant's costs of the hearing before the Supreme Court and of this appeal."]