Dismissal of Appeal: Appeal Board Cites Non-Compliance and Incomplete Case.
The Public Service Board dismissed the appellant's appeal against dismissal due to his failure to comply with directions, resulting in an incomplete case that prevented the respondent from adequately responding.
The appellant, a former Memorial Services Officer at the Metropolitan Cemeteries Board, appealed against his dismissal on the grounds of perceived severity, seeking reinstatement. Despite referencing documents in his notice of appeal, the appellant failed to submit any supporting materials. The respondent argued against adjusting the dismissal decision, asserting that the appellant's disregard for lawful instructions had eroded trust and confidence.
Subsequently, the appellant notified the Appeal Board and the respondent of perceived inaccuracies in the respondent's response but failed to specify or provide evidence. Despite directions, the appellant did not submit an outline of submissions. In response, the respondent sought dismissal of the appeal, citing the appellant's non-compliance with the Appeal Board's directions and a lack of prosecution of his case.
The Appeal Board, acknowledging the appellant's self-representation, deemed that adequate assistance was provided. However, it found the appellant's failure to diligently comply with directions resulted in an incomplete case, preventing the respondent from responding effectively. As a result, the Appeal Board concluded that the appellant had not met the onus on him to diligently pursue his case, resulting in an injustice to the respondent. The appeal was dismissed the appeal under s 27(1) of the Industrial Relations Act 1979 (WA).
The decision can be read here.