CROWDEN v Commissioner for Public Employment (No.2)

The applicant, Mr. Crowden, brought proceedings against the Commissioner for Public Employment (the respondent) in the Supreme Court of Tasmania. The dispute concerned the respondent's decision to terminate Mr. Crowden's employment as a senior policy officer within the Tasmanian public service. Mr. Crowden alleged that the termination was unlawful and sought remedies for this.

The primary legal issue before the Court was whether the respondent's decision to terminate Mr. Crowden's employment was invalid due to a failure to afford him procedural fairness. Specifically, the Court had to determine if Mr. Crowden was given adequate notice of the case he had to answer and a sufficient opportunity to respond before the decision to terminate his employment was made.

Judge Jarrett found that the respondent had breached the duty of procedural fairness owed to Mr. Crowden. The Court reasoned that the notice provided to Mr. Crowden was vague and did not adequately inform him of the specific grounds upon which the termination decision was being considered. Consequently, Mr. Crowden was not afforded a meaningful opportunity to present his case or to address the concerns that ultimately led to his dismissal. The Court applied the well-established principles of procedural fairness, which require that a person be given adequate notice of the case against them and a reasonable opportunity to be heard.

The Court ordered that the decision to terminate Mr. Crowden's employment was invalid and of no effect.