Re Kenner

In the case of Re Kenner, the applicant, Kenner, sought to appeal a decision made by an Industrial Relations Commissioner, who had declined to exercise jurisdiction over a matter. Kenner, a dismissed teacher, was seeking to appeal the decision of the Commissioner to the Industrial Relations Commission, which was ultimately dismissed. The High Court was asked to review the decision of the Commissioner through the issuance of prerogative writs, specifically certiorari and mandamus.

The central issue before the court was whether the Commissioner had made a jurisdictional error by not conducting a rehearing de novo, and whether the statute intended for the Minister to conduct separate inquiries depending on the source of the complaints. The court needed to determine if the Commissioner's decision to not conduct a rehearing was a jurisdictional error, and if so, whether the court should grant the writs of certiorari and mandamus to compel the Commissioner to conduct a rehearing.

The court held that the Commissioner had indeed made a jurisdictional error by not conducting a rehearing de novo. The court reasoned that the Commissioner had failed to consider all relevant evidence and had not given Kenner a fair opportunity to be heard. The court also found that the statute did not intend for the Minister to conduct separate inquiries according to the source of the complaints, but rather for all complaints to be considered together. Based on these findings, the court granted the writs of certiorari and mandamus, ordering the Commissioner to conduct a rehearing of the matter.

The court made an order nisi for certiorari and mandamus, which was later made absolute. This meant that the Commissioner was required to conduct a rehearing of the matter, taking into account all relevant evidence and giving Kenner a fair opportunity to be heard. The court's decision in this case highlights the importance of ensuring that administrative decision-makers follow proper procedures and give all parties a fair chance to be heard.