Keane v Marques [1996] IRCA 241

Keane v Marques [1996] IRCA 241

Dr Keane's conduct in relation to Mr Schubert was in breach of clause 4.5.5 of the Code of Ethics because Mr Schubert's treatment was redirected to the Adelaide practice at Dr Keane's initiative and without consultation. That breach, reflecting the duty of fidelity and good faith, was a valid reason for dismissal. In the circumstances, including Dr Keane's professional status and expected awareness of ethical obligations, immediate dismissal was not harsh, unjust or unreasonable, and the dismissal meeting gave him an adequate opportunity to respond despite the allegation not being put in greater detail.

Jurisdiction
Australia
Judgment Date
16 May 1996
Procedural Posture
Application Under Section 170 EA of the Industrial Relations Act 1988 for Reinstatement Or, If Reinstatement Is Not Practicable, Compensation Arising From Alleged Unlawful Termination of Employment. / Reasons for Decision and Orders After Hearing.
Outcome
Application dismissed.
Legal Topics
['termination of Employment' 'alleged Unlawful Termination' 'valid Reason for Dismissal' 'harsh, Unjust or Unreasonable Termination' 'professional Code of Ethics' 'duty of Fidelity and Good Faith' 'procedural Fairness']
['industrial Law' 'employment Law'] ['termination of Employment' 'alleged Unlawful Termination' 'valid Reason for Dismissal' 'harsh, Unjust or Unreasonable Termination' 'professional Code of Ethics' 'duty of Fidelity and Good Faith' 'procedural Fairness']

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Procedural Posture

Application Under Section 170 EA of the Industrial Relations Act 1988 for Reinstatement Or, If Reinstatement Is Not Practicable, Compensation Arising From Alleged Unlawful Termination of Employment. / Reasons for Decision and Orders After Hearing.

Legal Issues

  1. 1 ["Whether there was a valid reason for terminating Dr Keane's employment connected with his conduct." "Whether Dr Keane breached clause 4.5.5 of the Dental Board of South Australia's Code of Ethics by attempting to entice patients away from the Gawler practice." 'Whether the termination was harsh, unjust or unreasonable.' 'Whether Dr Keane was given an opportunity to defend himself against the allegation.']

Ratio Decidendi

Dr Keane's conduct in relation to Mr Schubert was in breach of clause 4.5.5 of the Code of Ethics because Mr Schubert's treatment was redirected to the Adelaide practice at Dr Keane's initiative and without consultation. That breach, reflecting the duty of fidelity and good faith, was a valid reason for dismissal. In the circumstances, including Dr Keane's professional status and expected awareness of ethical obligations, immediate dismissal was not harsh, unjust or unreasonable, and the dismissal meeting gave him an adequate opportunity to respond despite the allegation not being put in greater detail.

Court Disposition

Application dismissed.

Orders

  • ['The application is dismissed.']