A tribunal conducting disciplinary proceedings must confine its adverse findings to the substance of the charge notified to the employee; findings of 'recklessness' or 'inappropriate behaviour' that constitute a different body of assertions from the notified charge of assault and harassment amount to a denial of procedural fairness, and cross-examination on those matters is not a satisfactory substitute for proper notice. Statutory disciplinary powers for government employees are not impliedly limited to circumstances warranting summary dismissal at common law. Findings of fact made by a court in judicial review proceedings do not bind the tribunal on remitter, and issue estoppel has no role where the reviewing court does not determine the merits.
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