In dealing with the appellant’s main ground of appeal, we find as a starting point that the relationship between the appellant and the respondent involved an element of public employment or service, or something in the nature of an office or status, supported by statute, which is capable of protection. The words of Lord Wilberforce in Malloch v. Aberdeen Corporation, [1971] 1 W.L.R. 1578, at pp. 1595-15% are apposite: “One may accept that there are relationships in which all requirements of the observance of rules of natural justice are excluded (and I do not wish to assume that this is inevitably so), these must be confined to what have been called ‘pure master and servant cases,’ which I take to mean cases in which there is no element of public employment or service, no support by statute, nothing in the nature of an office or a status which is capable of protection. If any of these elements exist, then in my opinion, whatever the terminology used, and even though in some inter partes aspects the relationship may be called that of master or servant, there may be essential procedural requirements to be observed, and failure to observe them may result in a dismissal being declared to be void.”
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.