Foley v Ryder [1906] HCA 61

Foley v Ryder [1906] HCA 61

The tenure of constables under the Police Act 1863 is held at the pleasure of the Crown; section 6 does not create a contractual right to continued employment subject only to established cause or a hearing. No action for wrongful dismissal lies when dismissal is at pleasure, absent clear statutory provision to the contrary. 'Government' refers to the responsible Minister, not Governor in Council.

Parties
Appellant: Ryder; Respondent: Foley
Jurisdiction
Australia
Judgment Date
06 October 1906
Procedural Posture
Civil / On Appeal From an Interlocutory Judgment of the Supreme Court of Queensland
Outcome
appeal allowed
Legal Topics
Wrongful Dismissal, Police Employment, Statutory Interpretation, Public Service Tenure
Employment Law Administrative Law Wrongful Dismissal Police Employment Statutory Interpretation Public Service Tenure

Case Brief

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Parties

Ryder

Appellant

Foley

Respondent

Procedural Posture

Civil / On Appeal From an Interlocutory Judgment of the Supreme Court of Queensland

Legal Issues

  1. 1 Whether 'Government' in section 6 of the Police Act 1863 refers to the Executive Government acting through a responsible Minister or requires the Governor in Council;
  2. 2 Whether under section 6 of the Police Act 1863 a constable holds office during pleasure, such that an action for wrongful dismissal will lie;
  3. 3 Whether sufficient proof of misconduct for dismissal requires a judicial inquiry or an opportunity to be heard;

Ratio Decidendi

The tenure of constables under the Police Act 1863 is held at the pleasure of the Crown; section 6 does not create a contractual right to continued employment subject only to established cause or a hearing. No action for wrongful dismissal lies when dismissal is at pleasure, absent clear statutory provision to the contrary. 'Government' refers to the responsible Minister, not Governor in Council.

Court Disposition

appeal allowed

Orders

  • Order appealed from discharged
  • All proceedings in the action to be stayed