The Public Service Appeal Board (Board) has dismissed an appeal, where the appellant failed to attend hearings and delayed the progression of the matter. 

Background

The appellant referred the respondent’s decision to dismiss her to the Board on 18 February 2021.  The appellant was notified of the decision to terminate her employment on 15 January 2021. The referral was not accepted by the Commission’s Registry until 2 March 2021 as the initial referral submitted by the appellant was not compliant with the requirements of the Industrial Relations Commission Regulations 2005 (WA).

The respondent submitted that the appeal was without merit and opposed the Board granting an extension of time to the appellant. On 12 May 2021, the respondent subsequently applied to the Board dismiss the appeal because the parties had reached a binding settlement agreement and asserted that the Board should refrain from hearing the matter.

The appellant opposed the respondent’s interlocutory application on the basis that her representative had not fully informed of the terms and she had not authorised her representative to consent to the terms of the settlement.

A hearing was scheduled to hear and determine the respondent’s interlocutory application for an order to dismiss the appeal on the basis that the parties have reached an agreement. The hearing was adjourned at the request of the appellant. The appellant confirmed she wished to proceed with the appeal, and a second hearing was scheduled. The appellant failed to appear at the hearing.

The Board directed that the appellant show cause why her appeal ought not be dismissed for want of prosecution. A show cause hearing was subsequently listed, of which the appellant also did not appear.

Findings

The Board was satisfied that the appellant has been served with notice of the proceedings. The Board was also satisfied that the appellant was aware that, if she did not appear, that the matter would be dismissed. 

The Board considered that the appellant had not provided an explanation for the delay caused by failing to appear. The Board considered that the appellant’s failure to attend hearings and delay in progressing the matter would prejudice the respondent if allowed to continue and dismissed the appeal. 

The decision can be read here.