Jenkins, Roy Anthony v. Gleeson, Jennifer Ruth [1981] FCA 177

CATCHWORDS

Stand Down Notice Given for Failure to Obey Order - Industrial Dispute - Determination of Deputy Public Service Arbitrator Authorising Chief Officers to Stand Down Members of Public Service - Natural Justice - Whether Principles

Applicable - Whether Adequate Opportunity to be Heard.

Public Service Arbitration Act 1920-78, Sects. 3, 12C, 12D.

ROY ANTHONY JENKINS v_ JENNIFER RUTH GLEESON

No. ACT G10 of 1981

Coram' Fox, Blackburn and Keely JJ

24 SEP 1981

Canberra.

IN THE FEDERAL COURT OF AUSTRALIA

AUSTRALIAN CAPITAL TERRITORY

) )DISTRICT REGISTRY y No. ACT G10 of 1981 ) GENERAL DIVISION )

ON APPEAL FROM THE SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY

ROY ANTHONY JENKINS

Appellant

JENNIFER RUTH GLEESON

Respondent

ORDER

JUDGES MAKING ORDER: Fox, Blackburn and Keely JJ DATE OR ORDER: 94 SEP 1981 WHERE MADE: Canberra

THE COURT ORDERS THAT:

1. The appeal be allowed. 2. The orders made in the Supreme Court be set ° aside. 3. In lieu thereof, the order nisi be discharged, 4. The respondent pay the appellant's costs of the

hearing before the Supreme Court and of this appeal.

IN THE FEDERAL COURT OF AUSTRALIA

AUSTRALIAN CAPITAL TERRITORY

) ) DISTRICT REGISTRY ) No. ACT G10 of 1981 ) )

GENERAL DIVISION

ON APPEAL FROM THE SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY

ROY ANTHONY JENKINS

Appellant

JENNIFER RUTH GLEESON

Respondent

Coram: Fox, Blackburn and Keely JJ

Canberra 24 SEP 1981

REASONS FOR JUDGMENT

FOX J:

This is an appeal from an order of the Supreme Court of the Australian Capital Territory (Kelly J) making absolute an order nisi for certiorari to quash a decision of the appellant made on 20 July 1979 to stand down the respondent from her employment as an officer of the Common- wealth Public Service. His Honour at the same time made a declaration declaring the decision to have been void ab initio.