Diane Robertson v Civil Service Association of Western Australia Incorporated
Document Type: Order
Matter Number: IAC 9/2003
Matter Description: Against the decision of the President in matter No PRES 4/2003given on 17/4/2003
Industry:
Jurisdiction: Industrial Appeal Court
Member/Magistrate name:
Delivery Date: 1 Dec 2003
Result:
Citation: 2003 WAIRC 10158
WAIG Reference: 83 WAIG 3938
100320401
AGAINST THE DECISION OF THE PRESIDENT OF THE WAIRC NUMBERED PRES 4 OF 2003
INDUSTRIAL APPEAL COURT
PARTIES DIANE ROBERTSON
APPELLANT
-V-
CIVIL SERVICE ASSOCIATION OF WESTERN AUSTRALIA INCORPORATED
RESPONDENT
CORAM ANDERSON J (PRESIDING JUDGE)
HASLUCK J
EM HEENAN J
DATE OF ORDER OR DECLARATION MONDAY, 1 DECEMBER 2003
FILE NO/S IAC 9 OF 2003
CITATION NO. 2003 WAIRC 10158
Result Appeal allowed
Representation
APPELLANT MR G MCCORRY
RESPONDENT MR D H SCHAPPER, OF COUNSEL
_______________________________________________________________________________
Order
Appeal allowed:
Declarations made:
(a) The appellant, when President of the respondent, acted within the Rules of the CSA in obtaining the legal advice necessary to enable her to carry out her duties and that such expense was properly incurred.
(b) The appellant had the power, within the Rules of the CSA, to call the Council meeting of 20 November 2002 and was not required to act in conjunction with the principal officers in calling that special Council meeting.
(c) In calling for a report on the matters of concern arising from an impending election campaign by certain members, seeking legal advice and convening a special Council meeting the appellant exercised powers conferred on her under the Rules of the CSA and did not act in breach of any of the requirements of procedural fairness.
(d) The resolution of the Council of the respondent dated 20 November 2002 (SCM 06/02) reflects, to the extent indicated by the previous declarations, an erroneous and non-observance or erroneous observance of those Rules in their application to the issues which had arisen for consideration at the meeting of the Council of the respondent on 20 November 2002.
JOHN SPURLING
CLERK OF COURT
SCHEDULE
100320401
AGAINST THE DECISION OF THE PRESIDENT OF THE WAIRC NUMBERED PRES 4 OF 2003
INDUSTRIAL APPEAL COURT
PARTIES DIANE ROBERTSON
APPELLANT
-v-
CIVIL SERVICE ASSOCIATION OF WESTERN AUSTRALIA INCORPORATED
RESPONDENT
CORAM ANDERSON J (PRESIDING JUDGE)
HASLUCK J
EM HEENAN J
DATE OF ORDER OR DECLARATION MONDAY, 1 DECEMBER 2003
FILE NO/S IAC 9 OF 2003
Result Appeal allowed
Representation
Appellant Mr G McCorry
Respondent Mr D H Schapper, of Counsel
_______________________________________________________________________________
Order
Appeal allowed:
Declarations made:
(a) The appellant, when President of the respondent, acted within the Rules of the CSA in obtaining the legal advice necessary to enable her to carry out her duties and that such expense was properly incurred.
(b) The appellant had the power, within the Rules of the CSA, to call the Council meeting of 20 November 2002 and was not required to act in conjunction with the principal officers in calling that special Council meeting.
(c) In calling for a report on the matters of concern arising from an impending election campaign by certain members, seeking legal advice and convening a special Council meeting the appellant exercised powers conferred on her under the Rules of the CSA and did not act in breach of any of the requirements of procedural fairness.
(d) The resolution of the Council of the respondent dated 20 November 2002 (SCM 06/02) reflects, to the extent indicated by the previous declarations, an erroneous and non-observance or erroneous observance of those Rules in their application to the issues which had arisen for consideration at the meeting of the Council of the respondent on 20 November 2002.
JOHN SPURLING
CLERK OF COURT