No jurisdiction for Public Service Appeal Board to hear appeal against provisional disciplinary proceedings
The Public Service Appeal Board has reiterated that it does not have jurisdiction to hear matters where no final decision has been made.
The appellant was advised by his employer (respondent) of an investigation of allegations of breach of discipline under Part 5 of the Public Sector Management Act 1994 (WA) (PSM Act). The respondent indicated that the allegations were substantiated and gave the appellant a letter proposing disciplinary action in the form of a reduction in salary and classification, and issuance of a reprimand. The appellant was given an opportunity to comment on the proposed disciplinary action.
Prior to providing a response, the appellant commenced an appeal to the Appeal Board. At the time of the hearing, no final decision had been made as to the disciplinary action to be taken.
The Appeal Board reiterated that as the letter was a provisional decision, no final decision had been made as to the disciplinary action, and no right of appeal under s 78(1)(b)(iv) of the PSM Act had been enlivened. The Appeal Board held that it did not have jurisdiction to determine the matter, and the appeal was dismissed.
The decision can be read here.