Types of applications that can be made
Employees who are not government officers, but are (or were) employed under the Public Sector Management Act 1994 (WA) can make an application to the Commission to appeal the following decisions or findings of their employer in relation to their employment:
Making an application to the Commission
To appeal a decision or finding of your employer under section 78(2) of the Public Sector Management Act 1994 (WA), you must file a Form 5 – Referral of a matter under the Public Sector Management Act 1994.
- A referral concerning a decision made by an employing authority in relation to a registered employee's redeployment, redundancy or termination must be made by the employee within 21 days of the date of that decision. If the referral is not made within 21 days, you will need to provide the Commission with reasons as to why the matter should be allowed to proceed. You should provide reasons for the delay in your Form 5 – Referral of a matter under the Public Sector Management Act 1994. There is no time limit for other appeals filed using a Form 5 – Referral of a matter under the Public Sector Management Act 1994, however, your claim should be pursued within a reasonable time after your employer's decision or finding.
- Your appeal should be made against your 'Employing Authority'. Generally, this would be the Chief Executive Officer or Director General of the State government agency that you are or were employed by. In most instances, your manager or supervisor is not your employer.
What happens next?
After you file the Form 5 – Referral of a matter under the Public Sector Management Act 1994, the Registrar will serve a copy of the notice of application on each of the parties, other than the appellant. The matter will generally be listed for a conciliation conference. If there is no agreement, the matter will proceed to hearing where the Commission will make a determination on the matter.
Possible outcomes
If your appeal is successful, the Commission may quash the decision or finding and may remit the matter back to your employer.