Dorante-Day v Marsden

Dorante-Day, a public servant, sought judicial review of a decision by Marsden, his employer, to suspend him pending an investigation into allegations of threatening and disrespectful behaviour in the workplace. Dorante-Day contended that the suspension was retaliatory and based on irrelevant considerations, namely his paternity claim, rather than his work performance. Dorante-Day also argued that Marsden’s decision contravened the principles of natural justice as outlined in the Public Service Act 2008 (Qld).

The court considered whether Marsden had acted lawfully in suspending Dorante-Day. The court held that Marsden’s decision to suspend Dorante-Day was lawful, as it was based on a detailed and credible complaint from a colleague. The court found that the complaint provided sufficient evidence to warrant the suspension. Furthermore, the court rejected Dorante-Day’s argument that Marsden had taken into account irrelevant considerations, finding that Marsden had not considered Dorante-Day’s paternity claim when making the suspension decision. The court also concluded that the principles of natural justice did not apply to Marsden’s decision, as it was not a disciplinary decision subject to s 190 of the Public Service Act 2008 (Qld).

The court dismissed Dorante-Day’s application for judicial review, finding that none of the grounds for review had been established. The court adjourned the question of costs to a later date to allow the parties to consider and agree on a timetable for the exchange of written submissions on the matter.

Orders:

1. The amended application for a statutory order of review filed on 6 July 2018 is dismissed.
2. The question of costs is adjourned to a date to be fixed.