APPEAL AGAINST THE DECISION TO TERMINATE EMPLOYMENT ON 15 OCTOBER 2020

WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION

PARTIES Sanja Spasojevic

APPELLANT

-v-

Speaker of the Legislative Assembly

RESPONDENT

CORAM PUBLIC SERVICE APPEAL BOARD

 Senior Commissioner R Cosentino - CHAIR

 MR G SUTHERLAND - BOARD MEMBER

 MR M HAMMOND - BOARD MEMBER

DATE Friday, 10 September 2021

FILE NO PSAB 31 OF 2020

CITATION NO. 2021 WAIRC 00494

Result Order issued

Representation

Appellant Mr M Baldwin, of counsel

Respondent Ms K Ellson, of counsel

Order

WHEREAS this is an appeal pursuant to s 80I(1)(c) of the Industrial Relations Act 1979 (WA);

AND WHEREAS on 10 September 2021, the respondent’s representative wrote to the Public Service Appeal Board (Board), advising that the parties have conferred and agreed to proposed orders to vary the Order [2021 WAIRC 00454] and attached a minute of proposed consent orders reflecting the variations;

AND WHEREAS on 10 September 2021, the Board has considered the correspondence and wrote to the parties with proposed further orders; 

AND WHEREAS on 10 September 2021, the parties’ representatives consented to the Board’s proposed further orders; 

NOW THEREFORE the Board, pursuant to the powers conferred under the Industrial Relations Act 1979 (WA), and by consent, hereby orders –

1. THAT Order 1 of [2021 WAIRC 00454] be amended to read “THAT discovery by the appellant be informal and be provided by 17 September 2021.”.

2. THAT Order 2 of [2021 WAIRC 00454] be amended to read “THAT the appellant file outlines of evidence complying with Practice Note 9 of 2021 for each witness to be called and a book of documents on which she intends to rely that is bound, indexed and paginated by 24 September 2021.”.

3. THAT Order 3 of [2021 WAIRC 00454] be amended to read “THAT the respondent file outlines of evidence complying with Practice Note 9 of 2021 for each witness to be called and a book of documents on which it intends to rely that is bound, indexed and paginated by 1 October 2021. The respondent’s book of documents ought to be prepared to avoid unnecessary duplication with the appellant’s book of documents.”.

4. THAT Order 4 of [2021 WAIRC 00454] be amended to read “THAT the appellant file a written outline of her submissions and a list of authorities (of not more than 15 pages) by 5 October 2021.”.

5. THAT Order 5 of [2021 WAIRC 00454] be amended to read “THAT the respondent file a written outline of its submissions and list of authorities (of not more than 15 pages) by 19 October 2021.”.

6. THAT the requirement for the appellant to comply with reg 107(9) of the Industrial Relations Commission Regulations 2005 (WA) to file a Statement of Facts be dispensed with.

7. THAT if any party intends to refer to or tender any document in a language other than English in the course of the hearing, the document(s) must be translated into English by an accredited translator and such translation be exchanged and filed by 19 October 2021.

8. THAT the parties have liberty to apply on short notice.

Senior Commissioner R Cosentino

ON BEHALF OF THE PUBLIC SERVICE APPEAL BOARD