Functus officioDesignated agentJurisdictionProcedural irregularity
Tags
Disciplinary proceedingsTrade union representationFunctus officio
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ai analysis
Case Summary
Key Issues
{"issue_text":"Whether a designated agent can withdraw a ruling already issued and substitute it with a contradictory one","issue_type":"procedural","dispositive":"yes","related_facts":"Two contradictory rulings issued; first ruling withdrawn by letter"}
{"issue_text":"Whether the doctrine of functus officio applies to designated agents' decisions","issue_type":"law","dispositive":"yes","related_facts":"Designated agent issued two rulings on same matter"}
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background
Facts of the Case
Background
The applicants, employees of Hatcliffe High School Development Association, were dismissed in 2012 after abandoning disciplinary proceedings when their chosen trade union representative was denied representation rights. After obtaining a favorable ruling from NECWEI in 2014, they referred the dispute to NEC ZSDA/C where the designated agent issued two contradictory rulings - first favorable to applicants in September 2018, then favorable to respondent in February 2019, claiming the first was issued in error.
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