Morton v Transport Appeal Board (No 1)

The case of Morton v Transport Appeal Board (No 1) involved an appeal against the decision of the Transport Appeal Board, which upheld the termination of a ferry master's employment. The employee, Mr Morton, alleged misconduct and sought judicial review of the Board's decision. The court was required to determine whether the Board's decision was unreasonable, whether there was apprehended bias, and whether the composition and conduct of the Tribunal were appropriate.

The primary legal issues before the court were whether the Board's decision was unreasonable, whether there was apprehended bias, and whether the composition and conduct of the Tribunal breached the implied term of mutual trust and confidence. Specifically, the court examined whether the failure of all three Tribunal members to participate in the decision-making process rendered the decision invalid. The court also assessed whether the Tribunal's conduct during the hearing breached the implied term of mutual trust and confidence in the employment relationship.

The court found that the decision of the Transport Appeal Board was unreasonable as the Tribunal did not adequately address the evidence presented by Mr Morton. The court held that the failure of all three Tribunal members to participate in the decision-making process was a significant procedural irregularity. Furthermore, the court determined that there was no apprehended bias, as there was no evidence to suggest that any of the Tribunal members were biased against Mr Morton. However, the court did find that the conduct of the Tribunal during the hearing breached the implied term of mutual trust and confidence.

The court set aside the decision of the Transport Appeal Board and remitted the matter for reconsideration by a properly constituted Tribunal. The court also noted that the employment relationship between Mr Morton and his employer should be reconsidered in light of the Tribunal's conduct. The final orders included the setting aside of the Board's decision, the requirement for a properly constituted Tribunal to reconsider the matter, and the preservation of Mr Morton's right to seek damages for breach of the implied term of mutual trust and confidence.