Fitzgerald v Bankstown City Council

In *Fitzgerald v Bankstown City Council*, the New South Wales Court of Appeal considered a dispute between a former employee, Mr. Fitzgerald, and his former employer, Bankstown City Council. The core of the disagreement concerned the Council's decision to terminate Mr. Fitzgerald's employment.

The Court was required to determine whether the Council's decision to dismiss Mr. Fitzgerald was lawful, particularly in light of the procedures followed and the grounds relied upon for the termination. This involved an examination of the Council's obligations under its own by-laws and relevant employment law principles concerning disciplinary proceedings and dismissal.

The Court of Appeal found that the Council had failed to adhere to its own by-laws in dismissing Mr. Fitzgerald. Specifically, the Council had not followed the prescribed disciplinary procedures, which included requirements for proper notice and a fair hearing. The Court held that a failure to comply with these procedural requirements rendered the dismissal unlawful. Consequently, the Court allowed Mr. Fitzgerald's appeal.