Ioannou v Fowell [1984] HCA 24

High Court of Australia Gibbs C.J. Mason, Murphy, Brennan and Deane JJ. Ioannou v Fowell

ORDER Appeal allowed with costs. Order that the order of the Full Court of the Federal Court be set aside and in lieu thereof order:

(A) that the order of Sheppard J. made on 23 August 1982 be varied by substituting the following for pars. 1 and 2 thereof:

1. Declare that the applicant's employment with the Special Broadcasting Service did not terminate on 30 June 1982 and that his employment has continued after 30 June 1982 subject to the provisions of the Public Service Act 1922.

2. Order that the decision of the first respondent, made on 24 May 1982, that the applicant's employment with the Special Broadcasting Service be dispensed with on 30 June 1982, be set aside.

(B) that the appeal to that Court be otherwise dismissed with costs.

Cur. adv. vult.

The Court delivered the following written judgment:—

April 12 Gibbs C.J., Mason, Murphy, Brennan and Deane JJ.

The Special Broadcasting Service was established pursuant to the Broadcasting and Television Amendment Act 1977 Cth. It is charged, among other things, with the task of providing multilingual television services. On 18 August 1980, Mr. Simon Ioannou, who is the present appellant, commenced employment as a member of the staff of the Special Broadcasting Service as a Censorship Liaison Officer (Clerk Class 8). He was employed in a temporary capacity under the provisions of s. 82 of the Public Service Act 1922 Cth. The letter from the Special Broadcasting Service advising him of his appointment said that his employment was from 18 August 1980 to 30 June 1981. However, the letter expressly stated that his "temporary employment" might "be extended beyond" that date "pending the establishment of the Independent and Multicultural Broadcasting Corporation" at which time his employment might continue under the Broadcasting and Television Act 1942 Cth.