Barnard v National Dock Labour Board

Facts

Disciplinary power over dockers was given to a local dock labour board. The board left the power to its port manager, who suspended the dockers.

Issue

Was the suspension valid?

Held

No. The board had no power to delegate its disciplinary function, so the suspension was void.

Principle

A body given a judicial or disciplinary discretion must exercise it itself.

Why it matters

The leading authority against sub-delegation.

For study only. By lanbuk.com. Always check current sources and consult a qualified professional.