Simon Ioannou v Ronald Fowell & Ors [1982] FCA 179

Simon Ioannou v Ronald Fowell & Ors [1982] FCA 179

The applicant's employment did not terminate on 30 June 1982 as there was no lawful act under s.82(6) of the Public Service Act 1922 nor operation of law to that effect; further, the applicant was denied natural justice as he was not given an opportunity to be heard regarding the allegations of incompetence and misconduct prior to decision not to re-employ.

Parties
Applicant: Simon Ioannou; First Respondent: Ronald Fowell; Respondents: Members of the Public Service Board
Jurisdiction
Australia
Judgment Date
23 August 1982
Procedural Posture
Application for Judicial Review / Judgment and Supplementary Judgment After Hearing
Outcome
Application allowed
Legal Topics
Temporary Employment, Termination of Employment, Natural Justice, Legitimate Expectation
Public Service Employment Administrative Law Temporary Employment Termination of Employment Natural Justice Legitimate Expectation

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Parties

Simon Ioannou

Applicant

Ronald Fowell

First Respondent

Members of the Public Service Board

Respondents

Procedural Posture

Application for Judicial Review / Judgment and Supplementary Judgment After Hearing

Legal Issues

  1. 1 Whether the applicant's employment came to an end by operation of law on 30 June 1982
  2. 2 Whether the applicant was deprived of legitimate expectation to be afforded natural justice before decision not to renew employment
  3. 3 Whether conditions of employment fulfilled requirements of Public Service Act 1922 s.82(4)

Ratio Decidendi

The applicant's employment did not terminate on 30 June 1982 as there was no lawful act under s.82(6) of the Public Service Act 1922 nor operation of law to that effect; further, the applicant was denied natural justice as he was not given an opportunity to be heard regarding the allegations of incompetence and misconduct prior to decision not to re-employ.

Court Disposition

Application allowed

Orders

  • Declaration that the applicant's employment with the Special Broadcasting Service did not terminate on 30 June 1982 and will continue up to and including 30 June 1983, subject to the provisions of the Public Service Act 1922.
  • Order that the decision of the first respondent made on 24 May 1982 that the applicant's employment was dispensed with or would expire on 30 June 1982 be set aside.