APPEAL AGAINST THE DECISION TO TAKE DISCIPLINARY ACTION ON 26 FEBRUARY 2018 WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION 2018 WAIRC 00667 CITATION : CORAM : PUBLIC SERVICE APPEAL BOARD S J CHAIRMAN MR G SUTHERLAND - BOARD MEMBER MS J HILLS-WRIGHT - BOARD MEMBER 5 2018 HEARD : DELIVERED : 27 2018 FILE NO. : PSAB 6 OF 2018 BETWEEN : Appellant AND Respondent Catchwords : Industrial Law (WA) Appeal against decision of the – respondent to take disciplinary action Whether the – to complete improvement actions on applicant’s failure time constituted disregarding a lawful and reasonable direction of the respondent Impact of – applicant’s significant mitigating circumstances Principles applied – – Applicant committed breach of discipline Penalty – imposed harsh in the circumstances Penalty adjusted - – Appeal upheld and order issued Legislation : (WA) Industrial Relations Act 1979 (WA) ss 80(a), Public Sector Management Act 1994 80A(b)
APPEAL AGAINST THE DECISION TO TAKE DISCIPLINARY ACTION ON 26 FEBRUARY 2018 WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION CITATION : 2018 WAIRC 00667 CORAM : PUBLIC SERVICE APPEAL BOARD S J CHAIRMAN MR G SUTHERLAND - BOARD MEMBER MS J HILLS-WRIGHT - BOARD MEMBER HEARD : 5 2018 DELIVERED : 27 2018 FILE NO. : PSAB 6 OF 2018 BETWEEN : Appellant AND Respondent Catchwords : Industrial Law (WA) – Appeal against decision of the respondent to take disciplinary action – Whether the applicant’s failure to complete improvement actions on time constituted disregarding a lawful and reasonable direction of the respondent – Impact of applicant’s significant mitigating circumstances – Principles applied – Applicant committed breach of discipline – Penalty imposed harsh in the circumstances – Penalty adjusted - Appeal upheld and order issued Legislation : Industrial Relations Act 1979 (WA) Public Sector Management Act 1994 (WA) ss 80(a), 80A(b)
PSAB-6-2018-201800667.DOCX