Palmer v Inverness Hospitals Board of Management [1963] ScotCS CSOH_3 (18 January 1963)

Palmer v Inverness Hospitals Board of Management [1963] ScotCS CSOH_3 (18 January 1963)

The disciplinary appeal procedure set out in the Department of Health circular was incorporated as an inherent condition of the pursuer's contract of employment. The Board, in considering the appeal and making the final decision on dismissal, was required to act as a quasi-judicial tribunal and observe principles of natural justice. The Board's conduct at the final meeting, by allowing participation of interested parties and excluding the pursuer or his representative, breached these principles, entitling the pursuer to reduction of the resolution ratifying his dismissal.

Citation
[1963] ScotCS CSOH_3
Parties
Pursuer: Palmer; Defender: Inverness Hospitals Board of Management
Jurisdiction
Scotland
Judgment Date
18 January 1963
Procedural Posture
Civil / First Instance
Outcome
decree of reduction granted
Legal Topics
Dismissal of Employee, Natural Justice, Contractual Terms, Disciplinary Procedure, Quasi Judicial Proceedings
Employment Law Administrative Law Dismissal of Employee Natural Justice Contractual Terms Disciplinary Procedure Quasi Judicial Proceedings

Case Brief

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Parties

Palmer

Pursuer

Inverness Hospitals Board of Management

Defender

Procedural Posture

Civil / First Instance

Legal Issues

  1. 1 Whether the disciplinary appeal procedure set out in the Department of Health circular was incorporated as a condition of the pursuer's contract of employment
  2. 2 Whether the Board, in considering the appeal, was required to act as a quasi-judicial tribunal and observe principles of natural justice
  3. 3 Whether the Board's conduct at the final meeting breached principles of natural justice

Ratio Decidendi

The disciplinary appeal procedure set out in the Department of Health circular was incorporated as an inherent condition of the pursuer's contract of employment. The Board, in considering the appeal and making the final decision on dismissal, was required to act as a quasi-judicial tribunal and observe principles of natural justice. The Board's conduct at the final meeting, by allowing participation of interested parties and excluding the pursuer or his representative, breached these principles, entitling the pursuer to reduction of the resolution ratifying his dismissal.

Court Disposition

decree of reduction granted

Orders

  • Sustain the pleas-in-law for the pursuer
  • Repel the pleas-in-law for the defenders