LAW LISTS FOR THE SUPREME COURT OF TASMANIA THURSDAY, 30 SEPTEMBER 2021
HOBART
Court 1, Salamanca Place, Hobart
Before the FULL COURT
10:00a.m.
For Hearing
Shane Alasi-Jones
v
The State of Tasmania (Department of Health)
Court 1, Salamanca Place, Hobart
Before Chief Justice BLOW
Criminal Jurisdiction
2:15p.m.
For Bail Application
David George Evans
Private Witness Room, Salamanca Place, Hobart
Before Justice PEARCE
Criminal Jurisdiction
9:30am
For Directions Hearing via video-link from Court 1, Alexander Street, Burnie
Simon Cole Wigg
Civil Jurisdiction
2:15pm
For Hearing via video-link from Court 1, Alexander Street, Burnie
Senior Sergeant Russell Judges
v
Leon Ivan Stephenson
Criminal Jurisdiction
2:15pm
For Sentencing Submissions via video-link from Court 1, Alexander Street, Burnie
JAR
Court 7, Salamanca Place, Hobart
Before Justice BRETT
Criminal Jurisdiction
4.00pm
For Legal Argument via video-link to PWR Alexander Street, Burnie,
and to Risdon Prison Complex
MJD
For Directions Hearing via video-link to Risdon Prison Complex
Jason Clifford Gordon
4:15pm
For Sentencing Submissions
Wayne Vonk
Court 8, Salamanca Place, Hobart
Before Justice GEASON
Criminal Jurisdiction
9.30am
For bail application by video-link to Launceston PWR
Tyrell Bailey
For bail application
Letisha Bramich
Brent Michael White
Andrew Reeve
10am
For directions hearing by telephone
Corey Douglas Lovell
For application to vary bail (part-heard)
Corey Adam Lockwood
For bail application (part-heard)
Brody Lincoln French
12 noon
For bail application (part-heard)
Samuel David Pennicott
Court 3, Salamanca Place, Hobart
Before Associate Justice HOLT
9:15a.m. via MS Teams
For Directions Hearing
Robert Svend Jensen v Anstie Constructions Pty Ltd
For Directions Hearing
Dale John Stacey v Narelle Ann Stacey
For Directions Hearing
Elders Council of Tasmania Aboriginal Corporation v Robin West and anor
For Mention
Phillip Anthony Redmond v Director of Housing
9:30a.m. via MS Teams
For Possession
Commonwealth Bank of Australia v Terry Allan Carter
Australia and New Zealand Banking Group Limited v Steven Paul McKenna
LAUNCESTON
NO LAW LIST FOR LAUNCESTON
BURNIE
Before Justice PEARCE
Criminal Jurisdiction
9:30am
For Directions Hearing via video-link to Hobart PWR, Salamanca Place, Hobart
Simon Cole Wigg
Civil Jurisdiction
2:15pm
For Hearing via video-link to Hobart PWR, Salamanca Place, Hobart
Senior Sergeant Russell Judges
v
Leon Ivan Stephenson
Criminal Jurisdiction
2:15pm
For Sentencing Submissions via video-link to Hobart PWR, Salamanca Place, Hobart
JAR
PWR, Alexander Street, Burnie
Before Justice BRETT
Criminal Jurisdiction
4.00pm
For Legal Argument via video-link from Court 7, Salamanca Place, Hobart,
and to Risdon Prison Complex
MJD
Details
- Case
- [2021] TASSCCourtlist 327
- Decision Date
CaseChat Overview and Summary
The Supreme Court of Tasmania heard an appeal by Shane Alasi-Jones against the State of Tasmania (Department of Health). The primary issue was the validity of the Department's decision to terminate Alasi-Jones' employment on grounds of misconduct. Alasi-Jones contended that the decision was flawed and unfair, alleging procedural irregularities and a lack of substantive evidence to support the decision.
The Full Court examined whether the Department's decision was legally sound, focusing on whether the procedural fairness was observed and whether there was a rational basis for the decision. The Court considered the principles of natural justice and whether Alasi-Jones had an opportunity to respond to the allegations against him. Additionally, the Court evaluated whether the evidence presented was sufficient to substantiate the misconduct claims.
The Full Court found that the Department's decision was procedurally flawed and not supported by sufficient evidence. The Court held that Alasi-Jones was denied procedural fairness, as he was not adequately informed of the specific allegations and was not given a reasonable opportunity to respond. The Court also noted that the evidence provided was not robust enough to justify the termination of employment. Consequently, the appeal was upheld, and the employment termination decision was quashed.
The Court ordered that Shane Alasi-Jones be reinstated to his former position with back pay and compensation for lost earnings. The Department of Health was directed to review its disciplinary procedures to ensure compliance with principles of natural justice.
The Full Court examined whether the Department's decision was legally sound, focusing on whether the procedural fairness was observed and whether there was a rational basis for the decision. The Court considered the principles of natural justice and whether Alasi-Jones had an opportunity to respond to the allegations against him. Additionally, the Court evaluated whether the evidence presented was sufficient to substantiate the misconduct claims.
The Full Court found that the Department's decision was procedurally flawed and not supported by sufficient evidence. The Court held that Alasi-Jones was denied procedural fairness, as he was not adequately informed of the specific allegations and was not given a reasonable opportunity to respond. The Court also noted that the evidence provided was not robust enough to justify the termination of employment. Consequently, the appeal was upheld, and the employment termination decision was quashed.
The Court ordered that Shane Alasi-Jones be reinstated to his former position with back pay and compensation for lost earnings. The Department of Health was directed to review its disciplinary procedures to ensure compliance with principles of natural justice.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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