Ferdinands v Commissioner for Public Employment [2006] HCA 5

HIGH COURT OF AUSTRALIA

GLEESON CJ,

GUMMOW, KIRBY, HAYNE AND CALLINAN JJ

TREVOR KINGSLEY FERDINANDS APPELLANT

AND

COMMISSIONER FOR PUBLIC EMPLOYMENT RESPONDENT

Ferdinands v Commissioner for Public Employment [2006] HCA 5

2 March 2006

A15/2005

ORDER

Appeal dismissed with costs.

On appeal from the Supreme Court of South Australia

Representation:

S C Churches with S D Ower for the appellant (instructed by Iles Selley Lawyers)

C J Kourakis QC, Solicitor-General for the State of South Australia with C A Stevens for the respondent (instructed by Crown Solicitor's Office South Australia)

Notice: This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.

CATCHWORDS

Ferdinands v Commissioner for Public Employment

Industrial law – Police – Termination of appointment – Appellant member of South Australia Police – Appellant convicted of assault contrary to s 39 Criminal Law Consolidation Act 1935 (SA) – Appellant's appointment as member of SA Police terminated – Appellant applied to Industrial Relations Commission for relief against dismissal – Appellant alleged termination of appointment harsh, unjust or unreasonable – Jurisdiction of Industrial Relations Commission to entertain appellant's application.

Police – Termination of appointment – Appellant member of SA Police – Appellant convicted of assault – Appellant's appointment as member of SA Police terminated – Whether Police Act 1998 (SA) impliedly repealed provisions of the Industrial and Employee Relations Act 1994 (SA) providing for unfair dismissal.

Statutes – Implied repeal.

Statutes – International law – State statute – Incorporation of reference in State statute to international convention – Relevance of such incorporation – Whether such incorporation favours adoption of an interpretation favourable to the availability of the convention remedies in the particular case­.