Griffioen v Cairns

Griffioen appealed against a decision made by an adjudicator of the Civil and Administrative Tribunal of New South Wales, which dismissed his claim for unpaid leave entitlements and costs. The original matter was heard and determined by an adjudicator in eight minutes, and no reasons were provided for the decision. The adjudicator dismissed the application, finding that the respondent had satisfied its obligations under the relevant legislation. Griffioen contended that he was not given an opportunity to put his case to the adjudicator, and that there were grounds for appeal.

The court found that the adjudicator did not provide the appellant with an opportunity to fully present his case. The hearing was concluded in a very short time, and the adjudicator did not give the appellant a chance to provide evidence or arguments. This was a breach of the principles of natural justice and procedural fairness. The court also found that the absence of reasons for the decision was another breach of natural justice. The appellant was entitled to know the reasons for the decision, and the lack of reasons made it impossible to assess whether the decision was correct or whether there were any errors of law.

Consequently, the appeal was allowed, and the decision of 23 November 2010 was set aside. The court referred the matter back to the tribunal for hearing by a different adjudicator, ensuring that the appellant would have an opportunity to present his case fully and fairly. The court's decision emphasised the importance of procedural fairness and the need for adjudicators to provide reasons for their decisions.