(Cayman Islands) The plaintiff had been wrongfully dismissed from his post as a public officer. He appealed against a refusal to award him his pay.
Held: The dismissal from a public office being unlawful, it was void and ineffective to remove him from office. He remained entitled to his full salary and other benefits.
Lord Bingham said: ‘It is a settled principle of law that if a public authority purports to dismiss the holder of a public office in excess of its powers, or in breach of natural justice, or unlawfully (categories which overlap), the dismissal is, 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 declares or orders. Thus the office-holder remains in office, entitled to the remuneration attaching to such office, so long as he remains ready, willing and able to render the service required of him, until his tenure of office is lawfully brought to an end by resignation or lawful dismissal.’
Judges:
Lord Bingham
Citations:
[2007] UKPC 50, Times 27-Jul-2007, [2007] 1 WLR 2839
Links:
Jurisdiction:
Commonwealth
Cited by:
Cited – Shoesmith, Regina (on The Application of) v OFSTED and Others CA 27-May-2011
The claimant appealed against dismissal of her claim. She had been head of Child Services at Haringey. After the notorious violent death of Baby P, the Secretary of State called for an inquiry under the Act. He then removed her as director. She . .
Lists of cited by and citing cases may be incomplete.
Employment
Updated: 11 July 2022; Ref: scu.258433