Commissioner of Corrective Services v Government and Related Employees Appeal Tribunal

The Commissioner of Corrective Services sought an order prohibiting the Government and Related Employees Appeal Tribunal from further hearing a disciplinary appeal. The dispute arose from an application to disqualify the Chairperson of the Tribunal due to a reasonable apprehension of bias. The Chairperson's term of office was due to expire, and a replacement was being appointed through a selection process. During the hearing of an appeal against dismissal by the Department, the Chairperson inquired of the Department's representative, who was sitting with him on the appeal, about a reference from the Department. The Department declined to provide information.

The central legal issue before the Court of Appeal was whether the Chairperson's conduct gave rise to a reasonable apprehension of bias, thereby disqualifying him from continuing to hear the appeal. This involved an assessment of whether an informed, fair-minded lay observer, aware of all the relevant circumstances, would apprehend that the Chairperson might not bring an impartial mind to the issues before the Tribunal.

The Court of Appeal held that there was a reasonable apprehension of bias. The reasoning focused on the fact that the Chairperson, whose appointment was nearing its end and who was subject to a selection process for a new appointment, had sought information from the Department's representative concerning a reference from the Department. This interaction, particularly the Department's refusal to provide the information, created a perception that the Chairperson might be seeking to curry favour or was otherwise not entirely detached from the Department's interests. The Court applied the well-established principle that justice must not only be done but must also be seen to be done, and that even a slight apprehension of bias can be sufficient to warrant disqualification.

Consequently, the Court of Appeal ordered that the Government and Related Employees Appeal Tribunal be prohibited from further hearing the appeal in question, with Geoffrey Hopkins as a member. The third opponent was ordered to pay the claimant's costs, with liberty reserved to the third opponent to apply for an indemnity certificate.