2
"unless in special cases where it is otherwise provided, servants of the Crown hold their offices during the pleasure of the Crown; not by virtue of any special prerogative of the Crown, but because such are the terms of their engagement, as is well understood throughout the public service." (pp. 234-235)
No specific precedent supports the conclusion that the Crown's
right to dismiss at pleasure stems from contract and not prerogative. Interestingly, the regulations were found not intended to be binding in contract because (p.235) "they are merely directions given by the
Crown to the Governments of Crown Colonies for general guidance" and
"they are alterable from time to time without any assent on the part of Government servants, which could not be done if they were part of a
contract with those servants." This case is still strong authority for saying that neither Colonial Regulations, nor Government Regulations are ipso facto part of the contract of employment; even, it seems, though they may be "well understood throughout the public service". Thus, even if they were incorporated into the contract by express words in the case of "contract officers", the regulations would not affect a great many permanent and pensionable officers who are often not appointed on
express terms.
The "other view", if we may so call it, is seen in Rodwell v. Thomas 19447 1 K.B. 596, a decision of Tucker J, in the Kings Bench Division. The plaintiff was an established U.K. civil servant. The learned Judge there held, obiter dicta, at p.602
way.
"There is a further difficulty in the plaintiff's
The authorities show, not only that prima facie an
established civil servant can be dismissed at pleasure,
but that the court will disregard any term of his contract expressly providing for employment for a
specified time or that his employment can only be
terminated in specified ways. The court regards such
a provision in a contract as a clog on the right of the Crown to dismiss at pleasure at any time."
Professor Richardson focuses on the problem at p.432 -