The applicant was employed by the respondent as a Program Manager in Mental Health Services. In May 2025, the respondent had directed the applicant not to attend work but remain on full pay while it investigated allegations of inappropriate behaviour. The applicant applied to the Commission to vary that direction.  

The respondent argued that the applicant, as an employee of a health service provider, could not bring the claim under the Public Sector Management Act 1994 (WA), and that the Health Services Act 2016 (WA) permits an individual employee to refer only certain specified decisions to the Commission. The direction was not such a decision.

The respondent applied for the dismissal of the claim on the ground that the Commission lacked jurisdiction to deal with it.

Commissioner Kucera accepted that, although the dispute concerned an employment matter, the applicant’s suspension on full pay pending investigation was not a decision he could refer to the Commission under that statutory scheme. Commissioner Kucera also found that no disciplinary action had yet been taken against the applicant, because the respondent had not reached any finding on the allegations and was still conducting its investigation.

Commissioner Kucera concluded that the Commission did not have jurisdiction to hear the applicant’s referral and that the claim had no reasonable prospects of success. The respondent’s application to dismiss was upheld, and the substantive application was dismissed.

 

The decision can be read here.