NIGEL ANTHONY HARDEN GRAY AGAINST ANDREW WATSON & Ors [2014] ScotCS CSIH_81 (08 October 2014)

NIGEL ANTHONY HARDEN GRAY AGAINST ANDREW WATSON & Ors [2014] ScotCS CSIH_81 (08 October 2014)

The supervisory jurisdiction of the Court of Session is not competently invoked in a dispute arising solely from an employment contract, where the issues concern only the authority of company agents and the bilateral relationship between employer and employee. The remedies sought are contractual and not amenable to judicial review, which is reserved for cases involving a delegated jurisdiction in a tripartite relationship.

Citation
[2014] ScotCS CSIH_81
Parties
Petitioner and Respondent: Nigel Anthony Harden Gray; Respondents and Reclaimers: Andrew Watson and Others
Jurisdiction
Scotland
Judgment Date
08 October 2014
Procedural Posture
Judicial Review / Reclaiming Motion (appeal) Against Interim Orders at Early Procedural Stage
Outcome
Reclaiming motion allowed; interlocutor of the Lord Ordinary recalled; petition dismissed as incompetent.
Legal Topics
Supervisory Jurisdiction, Competency of Judicial Review in Employment Disputes, Agency and Authority in Company Law, Employment Contract Interpretation
Employment Law Civil Procedure Judicial Review Supervisory Jurisdiction Competency of Judicial Review in Employment Disputes Agency and Authority in Company Law Employment Contract Interpretation

Case Brief

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Parties

Nigel Anthony Harden Gray

Petitioner and Respondent

Andrew Watson and Others

Respondents and Reclaimers

Procedural Posture

Judicial Review / Reclaiming Motion (appeal) Against Interim Orders at Early Procedural Stage

Legal Issues

  1. 1 Whether the supervisory jurisdiction of the Court of Session can be invoked in a dispute arising solely from an employment contract
  2. 2 Whether decisions by company agents regarding suspension and dismissal are amenable to judicial review
  3. 3 Whether the disciplinary and grievance procedures in the employment contract confer a jurisdiction subject to judicial review

Ratio Decidendi

The supervisory jurisdiction of the Court of Session is not competently invoked in a dispute arising solely from an employment contract, where the issues concern only the authority of company agents and the bilateral relationship between employer and employee. The remedies sought are contractual and not amenable to judicial review, which is reserved for cases involving a delegated jurisdiction in a tripartite relationship.

Court Disposition

Reclaiming motion allowed; interlocutor of the Lord Ordinary recalled; petition dismissed as incompetent.

Orders

  • Recall of the Lord Ordinary's interlocutor granting interim suspension and interdict.
  • Dismissal of the petition for judicial review as incompetent.