Malcolm Harbor -v- Director General, Department of Primary Industries and Regional Development
Document Type: Order
Matter Number: PSAB 26/2024
Matter Description: Appeal against the decision to take disciplinary action on 31 October 2024
Industry: Government Administration
Jurisdiction: Public Service Appeal Board
Member/Magistrate name: Commissioner T B Walkington
Delivery Date: 4 Apr 2025
Result: Direction issued
Citation: 2025 WAIRC 00216
WAIG Reference:
APPEAL AGAINST THE DECISION TO TAKE DISCIPLINARY ACTION ON 31 OCTOBER 2024
WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION
PARTIES MALCOLM HARBOR
APPELLANT
-V-
DIRECTOR GENERAL, DEPARTMENT OF PRIMARY INDUSTRIES AND REGIONAL DEVELOPMENT
RESPONDENT
CORAM PUBLIC SERVICE APPEAL BOARD
COMMISSIONER T B WALKINGTON – CHAIRPERSON
MR G LEE – BOARD MEMBER
MS Z JOHNSTON – BOARD MEMBER
DATE FRIDAY, 4 APRIL 2025
FILE NO. PSAB 26 OF 2024
CITATION NO. 2025 WAIRC 00216
Result Direction issued
Representation
APPLICANT MS GEORGIA MURRAY (OF COUNSEL)
RESPONDENT MR JOHN CARROLL (OF COUNSEL)
Direction
HAVING heard from Ms Murray on behalf of the appellant and Mr Carroll on behalf of the respondent, the Public Service Appeal Board, pursuant to the powers conferred under the Industrial Relations Act 1979 (WA), and by consent, hereby directs:
1. THAT discovery be informal between the parties;
2. THAT the parties file and serve an agreed statement of facts and agreed bundle of documents by 1 May 2025;
3. THAT the appellant file and serve any outlines of evidence and any documents, not being agreed documents, upon which they intend to rely by 15 May 2025;
4. THAT the respondent file and serve any outlines of evidence and any documents, not being agreed documents, upon which they intend to rely by 29 May 2025;
5. THAT the appellant file and serve an outline of written submissions by 12 June 2025;
6. THAT the respondent file and serve an outline of written submissions by 26 June 2025;
7. THAT the matter be listed for hearing of up to 1 day on a date to be fixed not before 3 July 2025; and
8. THAT the parties have liberty to apply on short notice.
COMMISSIONER T B WALKINGTON
ON BEHALF OF THE PUBLIC SERVICE APPEAL BOARD
APPEAL AGAINST THE DECISION TO TAKE DISCIPLINARY ACTION ON 31 OCTOBER 2024
WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION
PARTIES Malcolm Harbor
APPELLANT
-v-
Director General, Department of Primary Industries and Regional Development
RESPONDENT
CORAM PUBLIC SERVICE APPEAL BOARD
Commissioner T B Walkington – CHAIRPERSON
MR G LEE – BOARD MEMBER
MS Z JOHNSTON – BOARD MEMBER
DATE Friday, 4 April 2025
FILE NO. PSAB 26 OF 2024
CITATION NO. 2025 WAIRC 00216
Result Direction issued
Representation
Applicant Ms Georgia Murray (of counsel)
Respondent Mr John Carroll (of counsel)
Direction
HAVING heard from Ms Murray on behalf of the appellant and Mr Carroll on behalf of the respondent, the Public Service Appeal Board, pursuant to the powers conferred under the Industrial Relations Act 1979 (WA), and by consent, hereby directs:
1. THAT discovery be informal between the parties;
2. THAT the parties file and serve an agreed statement of facts and agreed bundle of documents by 1 May 2025;
3. THAT the appellant file and serve any outlines of evidence and any documents, not being agreed documents, upon which they intend to rely by 15 May 2025;
4. THAT the respondent file and serve any outlines of evidence and any documents, not being agreed documents, upon which they intend to rely by 29 May 2025;
5. THAT the appellant file and serve an outline of written submissions by 12 June 2025;
6. THAT the respondent file and serve an outline of written submissions by 26 June 2025;
7. THAT the matter be listed for hearing of up to 1 day on a date to be fixed not before 3 July 2025; and
8. THAT the parties have liberty to apply on short notice.
COMMISSIONER T B WALKINGTON
ON BEHALF OF THE PUBLIC SERVICE APPEAL BOARD