Jean-Pierre Clement -v- Department of Water and Environmental Regulation

Document Type: Order

Matter Number: PSAB 3/2025

Matter Description: Appeal against the decision of the employer taken on 27 December 2024

Industry: Government Administration

Jurisdiction: Public Service Appeal Board

Member/Magistrate name: Commissioner C Tsang

Delivery Date: 17 Jun 2025

Result: Direction issued

Citation: 2025 WAIRC 00366

WAIG Reference:

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2025 WAIRC 00366
APPEAL AGAINST THE DECISION OF THE EMPLOYER TAKEN ON 27 DECEMBER 2024
WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION

PARTIES JEAN-PIERRE CLEMENT
APPELLANT
-V-
DIRECTOR GENERAL, DEPARTMENT OF WATER AND ENVIRONMENTAL REGULATION
RESPONDENT
CORAM PUBLIC SERVICE APPEAL BOARD
COMMISSIONER C TSANG – CHAIR
MR G LEE – BOARD MEMBER
MR M NORTON – BOARD MEMBER
DATE TUESDAY, 17 JUNE 2025
FILE NO. PSAB 3 OF 2025
CITATION NO. 2025 WAIRC 00366

Result Direction issued

Representation
APPLICANT MR M BALDWIN (OF COUNSEL)

RESPONDENT MR M MCILWAINE (OF COUNSEL)


Direction

HAVING heard from Mr M Baldwin (of counsel) on behalf of the appellant and Mr M McIlwaine (of counsel) 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 the Directions issued on 26 March 2025 ([2025] WAIRC 00191) be vacated.

2. THAT the application to appeal out of time be heard at the same time as the appeal, which is to be listed for hearing not before Friday, 5 September 2025 (Hearing).
 
3. THAT discovery be informal.

4. THAT the parties file by Friday, 13 June 2025:

(a) An agreed statement that identifies:
(i) The agreed facts.
(ii) The agreed issues that are to be determined at the Hearing.
(iii) The agreed legal principles applicable to the issues at 4(a)(ii) above.

5. THAT the parties file a bundle of agreed documents by Monday, 16 June 2025.

6. THAT the appellant file outlines of witness evidence and documents (other than those in the bundle of agreed documents) by Friday, 4 July 2025.

7. THAT the respondent file outlines of witness evidence and documents (other than those in the bundle of agreed documents) by Friday, 25 July 2025.

8. THAT the parties notify the Chambers of the Chair by Friday, 1 August 2025:

(a) Their agreed estimate of the number of days required for the Hearing.
(b) Their availability in the 3-month period from Friday, 5 September 2025.

9. THAT the appellant file an outline of legal submissions by Friday, 1 August 2025.

10. THAT the respondent file an outline of legal submissions by Friday, 22 August 2025.

11. THAT the parties have liberty to apply.







COMMISSIONER C TSANG
ON BEHALF OF THE PUBLIC SERVICE APPEAL BOARD

Jean-Pierre Clement -v- Department of Water and Environmental Regulation

APPEAL AGAINST THE DECISION OF THE EMPLOYER TAKEN ON 27 DECEMBER 2024

WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION

 

PARTIES Jean-Pierre Clement

APPELLANT

-v-

DIRECTOR GENERAL, Department of Water and Environmental Regulation

RESPONDENT

CORAM PUBLIC SERVICE APPEAL BOARD

 Commissioner C TsanG – CHAIR

 MR G LEE – BOARD MEMBER

 MR M NORTON – BOARD MEMBER

DATE TUESday, 17 June 2025

FILE NO. PSAB 3 OF 2025

CITATION NO. 2025 WAIRC 00366

 

Result Direction issued

 


Representation 

Applicant Mr M Baldwin (of counsel)

 

Respondent Mr M McIlwaine (of counsel)

 

 

Direction

 

HAVING heard from Mr M Baldwin (of counsel) on behalf of the appellant and Mr M McIlwaine (of counsel) 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 the Directions issued on 26 March 2025 ([2025] WAIRC 00191) be vacated.

 

  1. THAT the application to appeal out of time be heard at the same time as the appeal, which is to be listed for hearing not before Friday, 5 September 2025 (Hearing).

 

  1. THAT discovery be informal.

 

  1. THAT the parties file by Friday, 13 June 2025:

 

(a) An agreed statement that identifies:

(i) The agreed facts.

(ii) The agreed issues that are to be determined at the Hearing.

(iii) The agreed legal principles applicable to the issues at 4(a)(ii) above.

 

  1. THAT the parties file a bundle of agreed documents by Monday, 16 June 2025.

 

  1. THAT the appellant file outlines of witness evidence and documents (other than those in the bundle of agreed documents) by Friday, 4 July 2025.

 

  1. THAT the respondent file outlines of witness evidence and documents (other than those in the bundle of agreed documents) by Friday, 25 July 2025.

 

  1. THAT the parties notify the Chambers of the Chair by Friday, 1 August 2025:

 

(a) Their agreed estimate of the number of days required for the Hearing.

(b) Their availability in the 3-month period from Friday, 5 September 2025.

 

  1. THAT the appellant file an outline of legal submissions by Friday, 1 August 2025.

 

  1. THAT the respondent file an outline of legal submissions by Friday, 22 August 2025.

 

  1. THAT the parties have liberty to apply.

 

 

 

 

 

 

 

Commissioner C Tsang

ON BEHALF OF THE PUBLIC SERVICE APPEAL BOARD