WESTERN AUSTRALIAN INDUSTRIAL MAGISTRATES COURT CITATION : 2018 WAIRC 00390 CORAM : INDUSTRIAL MAGISTRATE M. FLYNN HEARD : 18 2018 DELIVERED : THURSDAY, 28 2018 FILE NO. : M 213 OF 2017 BETWEEN : CLAIMANT AND Respondent CatchWords : INDUSTRIAL LAW (WA) Summary judgment application by – employer Employee alleging contravention of grievance procedure – in industrial agreement Grievance procedure in – to be ‘dealt with accordance with the principles of natural justice and due process’ – Claim has no reasonable prospects of success Legislation : Industrial Magistrates Court (General Jurisdiction) Regulation 2005 (WA) (WA) School Education Act 1999 (WA) School Curriculum and Standards Authority Act 1997 (WA) Industrial Relations Act 1979 Instruments : School Education Act Employees’ (Teachers and Administrators) General Agreement 2014 Case(s) referred to in reasons : [2017] WAIRComm 834 Pannell v Pannell [2003] Richard James Quinlivan v Austral Ships Pty Ltd WAIRComm 9633 [2012] WAIRComm 312 United Voice v Minister for Health [2011] smec Australia Pty Ltd v Valentine Falls Estate Pty Ltd WASCA 138 [2008] WASCA 13 Casella v Hewitt Department of Education and Training v Peter Hans Weygers [2009] WAIRComm 41 [2014] FCA 1114 Tiver v University of South Australia
WESTERN AUSTRALIAN INDUSTRIAL MAGISTRATES COURT CITATION : 2018 WAIRC 00390 CORAM : INDUSTRIAL MAGISTRATE M. FLYNN HEARD : 18 2018 DELIVERED : THURSDAY, 28 2018 FILE NO. : M 213 OF 2017 BETWEEN : CLAIMANT AND Respondent CatchWords : INDUSTRIAL LAW (WA) – Summary judgment application by employer – Employee alleging contravention of grievance procedure in industrial agreement – Grievance procedure to be ‘dealt with in accordance with the principles of natural justice and due process’ – Claim has no reasonable prospects of success Legislation : Industrial Magistrates Court (General Jurisdiction) Regulation 2005 (WA) School Education Act 1999 (WA) School Curriculum and Standards Authority Act 1997 (WA) Industrial Relations Act 1979 (WA) Instruments : School Education Act Employees’ (Teachers and Administrators) General Agreement 2014 Case(s) referred to in reasons : Pannell v Pannell [2017] WAIRComm 834 Richard James Quinlivan v Austral Ships Pty Ltd [2003] WAIRComm 9633 United Voice v Minister for Health [2012] WAIRComm 312 smec Australia Pty Ltd v Valentine Falls Estate Pty Ltd [2011] WASCA 138 Casella v Hewitt [2008] WASCA 13 Department of Education and Training v Peter Hans Weygers [2009] WAIRComm 41 Tiver v University of South Australia [2014] FCA 1114