The applicant commenced a referral of an unfair dismissal application in the WAIRC, seeking reinstatement to her position as Chief Executive Officer with the respondent.  The applicant had concurrently initiated judicial review proceedings in the Supreme Court of Western Australia, challenging the respondent’s decision to terminate her employment. The applicant alleges the decision of the respondent was legally invalid due to a breach of natural justice, lack of evidence in justifying the decision, an absence of power to make the decision under the Local Government Act 1995 (WA), and a failure to follow legal procedures. 
The applicant subsequently requested that the Commission adjourn, postpone or stay the existing unfair dismissal application until the judicial review proceedings were determined.  
In responding to the applicant’s stay application, the respondent argued the Commission lacked jurisdiction to hear the matter due to the absence of a valid dismissal, and that the applicant’s conduct in maintaining both the unfair dismissal application and judicial review proceedings would amount to an abuse of process. 
Senior Commissioner Cosentino considered whether there was power to stay the proceedings pursuant to s 27 of the Industrial Relations Act 1979 (WA), and whether to exercise discretion to grant the stay application. Factors considered included whether the applicant’s conduct amounted to an abuse of process, the effect of the judicial review proceedings on the unfair dismissal application and avoiding multiple proceedings on similar issues. 
Senior Commissioner Cosentino concluded that the applicant’s alternative claims did not constitute an abuse of process, as the actions in each sought different remedies.  Further, the Senior Commissioner concluded that the judicial proceedings could resolve the matter in the first instance, and therefore staying the unfair dismissal proceedings would be appropriate.  Accordingly, the stay was granted.

The decision can be read here.