Where an employment relationship is governed by a statutory regime dealing with disciplinary matters, failure to comply with mandatory procedural requirements renders the dismissal void ab initio, not merely a breach of contract giving rise to damages. Byrne v Australian Airlines is confined to simple master-servant relationships not subject to a statutory disciplinary regime. Under the Government Railways Act 1904 (WA), a dismissal is not complete until the appeal process is finished, and the Appeal Board may reverse a dismissal on procedural grounds alone without inquiring into the substantive merits.
The full text is available to signed-in members, including the 3 later cases that cite this judgment.