Rachel Way -v- Chief Executive, East Metropolitan Health Service
Document Type: Order
Matter Number: PSAB 32/2020
Matter Description: Appeal against the decision not to grant permanency
Industry: Health Services
Jurisdiction: Public Service Appeal Board
Member/Magistrate name: Senior Commissioner R Cosentino
Delivery Date: 21 Jul 2021
Result: Order issued
Citation: 2021 WAIRC 00221
WAIG Reference: 101 WAIG 1212
APPEAL AGAINST THE DECISION NOT TO GRANT PERMANENCY
WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION
PARTIES RACHEL WAY
APPELLANT
-V-
ROYAL PERTH HOSPITAL
RESPONDENT
CORAM PUBLIC SERVICE APPEAL BOARD
SENIOR COMMISSIONER R COSENTINO - CHAIR
MR C BROWN - BOARD MEMBER
MR P BUDD - BOARD MEMBER
DATE WEDNESDAY, 21 JULY 2021
FILE NO PSAB 32 OF 2020
CITATION NO. 2021 WAIRC 00221
Result Order issued
Representation
APPELLANT MS R WAY
RESPONDENT MR A CHAPPLE AND MR P HESLEWOOD
Order
HAVING heard from Ms R Way on her own behalf and Mr A Chapple and with him Mr P Heslewood on behalf of the respondent, the Public Service Appeal Board, pursuant to the powers conferred on it under the Industrial Relations Act 1979 (WA) (IR Act), hereby orders –
1. THAT the name of the respondent on the notice of appeal be amended by deleting the name ‘Royal Perth Hospital’ and inserting in lieu the name ‘Chief Executive, East Metropolitan Health Service’.
2. THAT the preliminary issues being:
(a) Whether the appellant is a public service officer with standing to appeal a decision under s 80I(1)(a) of the IR Act or whether the appellant is a government officer with standing to appeal a decision under s 80I(1)(d) of the IR Act;
(b) Whether the appellant was dismissed; and
(c) Whether the appellant is to be granted leave to bring the appeal out of time;
be listed for a 1 day hearing on 29 September 2021.
3. THAT the parties each file a list of the documents they intend to rely on at the hearing by reference to the Table of Contents of the document headed ‘Commission Statement by Ms Rachel Way’ filed on 31 May 2021, by 15 September 2021.
4. THAT the parties each file:
(a) A list of witnesses they intend to call at the hearing; and
(b) Copies of any additional documents to be relied upon at the at hearing (not contained in the Commission Statement by Ms Rachel Way) by 22 September 2021.
5. THAT the parties have liberty to apply.
SENIOR COMMISSIONER R COSENTINO
ON BEHALF OF THE PUBLIC SERVICE APPEAL BOARD
APPEAL AGAINST THE DECISION NOT TO GRANT PERMANENCY
WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION
PARTIES Rachel Way
APPELLANT
-v-
Royal Perth Hospital
RESPONDENT
CORAM PUBLIC SERVICE APPEAL BOARD
Senior Commissioner R Cosentino - CHAIR
MR C BROWN - BOARD MEMBER
MR P BUDD - BOARD MEMBER
DATE Wednesday, 21 July 2021
FILE NO PSAB 32 OF 2020
CITATION NO. 2021 WAIRC 00221
Result Order issued
Representation
Appellant Ms R Way
Respondent Mr A Chapple and Mr P Heslewood
Order
HAVING heard from Ms R Way on her own behalf and Mr A Chapple and with him Mr P Heslewood on behalf of the respondent, the Public Service Appeal Board, pursuant to the powers conferred on it under the Industrial Relations Act 1979 (WA) (IR Act), hereby orders –
1. THAT the name of the respondent on the notice of appeal be amended by deleting the name ‘Royal Perth Hospital’ and inserting in lieu the name ‘Chief Executive, East Metropolitan Health Service’.
2. THAT the preliminary issues being:
(a) Whether the appellant is a public service officer with standing to appeal a decision under s 80I(1)(a) of the IR Act or whether the appellant is a government officer with standing to appeal a decision under s 80I(1)(d) of the IR Act;
(b) Whether the appellant was dismissed; and
(c) Whether the appellant is to be granted leave to bring the appeal out of time;
be listed for a 1 day hearing on 29 September 2021.
3. THAT the parties each file a list of the documents they intend to rely on at the hearing by reference to the Table of Contents of the document headed ‘Commission Statement by Ms Rachel Way’ filed on 31 May 2021, by 15 September 2021.
4. THAT the parties each file:
(a) A list of witnesses they intend to call at the hearing; and
(b) Copies of any additional documents to be relied upon at the at hearing (not contained in the Commission Statement by Ms Rachel Way) by 22 September 2021.
5. THAT the parties have liberty to apply.
Senior Commissioner R Cosentino
ON BEHALF OF THE PUBLIC SERVICE APPEAL BOARD