DISPUTE RE ALLEGED UNFAIR DISCIPLINARY PROCESS

WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION

PARTIES The State School Teachers' Union of W.A. (Incorporated)

APPLICANT

-v-

The Governing Council of Kimberley Training Institute

RESPONDENT

CORAM Acting Senior Commissioner P E Scott

DATE TUESday, 18 August 2015

FILE NO/S CR 13 OF 2015

CITATION NO. 2015 WAIRC 00811

Result Declaration and Order issued

Declaration and Order

HAVING heard Mr M Amati on behalf of the applicant and Mr D Anderson of counsel on behalf of the respondent, the Commission, pursuant to the powers conferred under the Industrial Relations Act 1979, hereby: 

1. DECLARES THAT the respondent harshly, oppressively and unfairly dismissed James (Alex) Petticrew. 

2. ORDERS THAT: 

(a) The respondent reinstate Mr Petticrew in the position of Lecturer Maritime Security, on conditions no less favourable than those on which he was employed immediately before he was dismissed;

(b) Mr Petticrew’s employment be without loss of continuity;

(c) The respondent pay to Mr Petticrew any remuneration lost by him because of the dismissal;

(d) The respondent place a copy of the Reasons for Decision and Order in this matter on Mr Petticrew’s personnel file; and

(e) The respondent provide to Mr Petticrew a formal reprimand as to his conduct on 24 February 2014; and

(f) The respondent is hereby prohibited from re-instigating disciplinary procedures in regard to the incident on 24 February 2014.

Acting Senior Commissioner P E Scott