Barry Landwehr -v- Sharyn O'NeillDirector General, Department of Education
Document Type: Order
Matter Number: FBA 10/2017
Matter Description: Appeal against a decision of the Commission in matter no. U 93/2016 given on 26 April 2017
Industry: Education
Jurisdiction: Full Bench
Member/Magistrate name: The Honourable J H Smith, Acting President, Senior Commissioner S J Kenner, Commissioner T Emmanuel
Delivery Date: 17 Oct 2017
Result: Appeal allowed, decision suspended and remitted to the Commission
Citation: 2017 WAIRC 00879
WAIG Reference: 97 WAIG 1689
WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION
PARTIES BARRY LANDWEHR
APPELLANT
-AND-
SHARYN O'NEILL,
DIRECTOR GENERAL, DEPARTMENT OF EDUCATION
RESPONDENT
CORAM FULL BENCH
THE HONOURABLE J H SMITH, ACTING PRESIDENT
ACTING SENIOR COMMISSIONER S J KENNER
COMMISSIONER T EMMANUEL
DATE TUESDAY, 17 OCTOBER 2017
FILE NO. FBA 10 OF 2017
CITATION NO. 2017 WAIRC 00879
Result Appeal allowed, decision suspended and remitted to the Commission
Appearances
APPELLANT MR M D COX (OF COUNSEL) AND WITH HIM MS R COLLINS (OF COUNSEL)
RESPONDENT MR J M CARROLL (OF COUNSEL)
Order
This appeal having come on for hearing before the Full Bench on 22 August 2017 and having heard Mr M D Cox (of counsel) and with him Ms R Collins (of counsel) on behalf of the appellant, and Mr J M Carroll (of counsel) on behalf of the respondent, and reasons for decision having been delivered on 13 October 2017, the Full Bench, pursuant to the powers conferred on it under the Industrial Relations Act 1979, hereby orders that —
1. The appeal is allowed.
2. The order made by the Commission on 26 April 2017 [2017] WAIRC 00234; (2017) 97 WAIG 551 is suspended.
3. The case is remitted to the Commission at first instance for further hearing and determination.
By the Full Bench
ACTING PRESIDENT
WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION
PARTIES BARRY LANDWEHR
APPELLANT
-and-
Sharyn O'Neill,
Director General, Department of Education
RESPONDENT
CORAM FULL BENCH
The Honourable J H Smith, Acting President
ACTING Senior Commissioner S J Kenner
Commissioner T Emmanuel
DATE TUESday, 17 October 2017
FILE NO. FBA 10 OF 2017
CITATION NO. 2017 WAIRC 00879
Result Appeal allowed, decision suspended and remitted to the Commission
Appearances
Appellant Mr M D Cox (of counsel) and with him Ms R Collins (of counsel)
Respondent Mr J M Carroll (of counsel)
Order
This appeal having come on for hearing before the Full Bench on 22 August 2017 and having heard Mr M D Cox (of counsel) and with him Ms R Collins (of counsel) on behalf of the appellant, and Mr J M Carroll (of counsel) on behalf of the respondent, and reasons for decision having been delivered on 13 October 2017, the Full Bench, pursuant to the powers conferred on it under the Industrial Relations Act 1979, hereby orders that —
1. The appeal is allowed.
2. The order made by the Commission on 26 April 2017 [2017] WAIRC 00234; (2017) 97 WAIG 551 is suspended.
3. The case is remitted to the Commission at first instance for further hearing and determination.
By the Full Bench
ACTING PRESIDENT