Deman v Queen's University of Belfast
| Jurisdiction | Northern Ireland |
| Judgment Date | 19 September 1996 |
| Date | 19 September 1996 |
| Court | Court of Appeal (Northern Ireland) |
- University lecturer -Jurisdiction of board of curators - Lecturer appointed on probation - Lecturer's appointment terminated on recommendation by board of curators - Disciplinary matters affecting lecturer - Whether procedure for dismissal of academic staff involving recommendation by a tribunal following more formal hearing and legal representation should have been adopted with regard to disciplinary matters -Whether procedure adopted illegal and void.
The appellant was appointed a lecturer in the Queen's University of Belfast by letter dated 15 October, 1993. The letter stated that his appointment was governed by the provisions of the Education (Academic Tenure) (Northern Ireland) Order, 1988, and was subject to a period of probation. The appellant was supplied with a copy of the rules and procedures relating to the probation of newly-appointed staff, which the university had adopted in 1976, which included provision for advice and guidance, and explained the jurisdiction of the board of curators. Following complaints against the appellant the Vice-Chancellor informed the appellant that the board of curators had recommended that he should not be confirmed in his post and his employment was terminated as from 30 September, 1995. The appellant appealed to the appeal committee established by the senate which concluded that the appeal should be dismissed. The appellant's application for judicial review to quash the decisions of the university to terminate his employment was heard by Carswell L.J. who dismissed the application. The appellant appealed, contending, inter alia: (i) that Ch. XX of the university statutes (which had been inserted by an order in council in 1993, pursuant to the powers conferred by the 1988 Order, to give effect to modifications made by the university commissioners for Northern Ireland to the statutes of the university) set out a detailed code for the dismissal of academic staff for good cause and by reason of redundancy and a code for disciplinary procedures in respect of conduct falling short of that constituting possible good cause for dismissal and was drafted in wide terms referring to the dismissal of academic staff without any qualification in respect of staff on probation, so that, if, as in the instant case, a disciplinary issue arose in the course of a board of curators' assessment of a probationer, that issue had to be determined by a disciplinary tribunal...
To continue reading
Request your trial
-
Dr H Korthals Altes v Univewrsity of Essex
...Deman 12. Both parties prayed in aid the decision of the Northern Ireland Court of Appeal in Deman v Queen’s University of Belfast [1996] NI 379. The University dismissed an employee because of misconduct at the end of his probationary period by application of its probation policy, rather t......
-
Dr H Korthals Altes v University of Essex: 3203109/2019
...Contractual analysis 3. I set out at the end of this judgment my findings on the application of Deman v Queen’s University Belfast [1996] NI 379. Whilst it is not binding on me and I have found that there are some areas in which it is factually different meaning it is of less assistance, I ......