||All England Reporter
|| All ER (D) 360 (Jul)
|| UKPC 50
Lord Bingham of Cornhill, Lord Walker of Gestingthorpe, Baroness Hale of Richmond, Lord Carswell and Lord Neuberger of Abbotsbury
||23 July 2007
Employment - Dismissal - Public servant - Claimant employed as public servant remunerated by salary - Governor approving claimant's retirement on ground of abolition of his office - Claimant unsuccessfully applying for judicial review of decision to dismiss him - Court of Appeal of the Cayman Islands setting aside judge's decision and remitting claimant's case to Grand Court for assessment of damages - Grand Court concluding that claimant's entitlement to damages by way of salary ending one year after Court of Appeal's judgment - Second Court of Appeal deciding that claimant's dismissal although unlawful was effective - Second Court of Appeal concluding that claimant's only entitlement was to damages - Whether Second Court of Appeal's decision correct - Whether claimant's dismissal effective to determine his tenure of office.
Employment Dismissal. It was a settled law that if a public authority purported to dismiss the holder of a public office in excess of its powers, or in breach of natural justice, or unlawfully (categories which overlapped), the dismissal was, as between the public authority and the office-holder, null, void and without legal effect, at any rate once a court of competent jurisdiction so declared or ordered. Applying that principle, the Privy Council allowed the claimant's appeal against the decision of the Court of Appeal of the Cayman Islands to uphold his dismissal from office.
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