Munnings, C.F. v Smith, D.W. & Ors [1987] FCA 452

, s t°

" Orns ue

JUDGMENT No4 Q2k/——waa

CATCHWORDS Administrative Law - Telecommunications Act 1975 -

appellant's dismissal from the Telecommunications Commission

for disregarding a direction to attend a medical examination - validity of Telecommunications (Staff) By-law 51 - authority to require appellant to attend a medical

examination - appeal procedures within the Telecommunications

Commission Service - whether proper compliance with those procedures.

Administrative Decisions (Judicial Review) Act 1977

Telecommunications Act 1975 55.58,59,62,111,112 Telecommunications Regulations; Reg.19

Telecommunications (Staff) By-laws; By-law 51

CLYDE FRANCIS MUNNINGS

and SMITH, W.J. McDERMOTT and L. FRANCIS

pitting as a Disciplinary Appeal Board u Board under 5.62 of the Telecommunications Act 1975)

T. No. G9 of 1986

NORTHROP, BEAUMONT AND SPENDER JJ. 25 AUGUST 1987

BRISBANE

IN THE FEDERAL COURT OF AUSTRALIA ) )

TASMANIA DISTRICT REGISTRY ) T. No. G9 of 1986 )

GENERAL DIVISION )

ON APPEAL FROM THE FEDERAL COURT OF AUSTRALIA

BETWEEN

CLYDE FRANCIS MUNNINGS Appellant

and

D.W. SMITH, W.J. McDERMOTT and L. FRANCIS

(sitting as a Disciplinary Appeal Board under 6.62 of the Telecommunications Act 1975)

Respondents

COURT: NORTHROP, BEAUMONT AND SPENDER JJ. DATE

25 AUGUST 1987

PLACE: BRISBANE

MINUTE OF ORDER

THE COURT ORDERS THAT the appeal be dismissed with costs.

(Settlement and entry of Orders is dealt with in 0.36 of the Rules of Court.)

IN_THE FEDERAL COURT OF AUSTRALIA ) )

TAS DISTR REGISTRY ) T. No. G 9 of 1986 )

GENERAL DIVISION )

ON APPEAL FROM THE FEDERAL COURT OF AUSTRALIA

BETWEEN :

CLYDE FRANCIS MUNNINGS Appellant

and

D.W. SMITH, W.J. McDERMOTT and L. FRANCIS

(sitting as a Disciplinary Appeal Board under 5.62 of the Telecommunications Act 1975)

Respondents

cy

OQURT: NORTHROP, BEAUMONT AND SPENDER JJ.

DA' : 25 AUGUST 1987