Rachel Way -v- Chief Executive, East Metropolitan Health Service

Document Type: Order

Matter Number: PSAB 32/2020

Matter Description: Appeal against the decision not to grant permanency

Industry: Health Services

Jurisdiction: Public Service Appeal Board

Member/Magistrate name: Senior Commissioner R Cosentino

Delivery Date: 21 Jul 2021

Result: Order issued

Citation: 2021 WAIRC 00221

WAIG Reference: 101 WAIG 1212

DOCX | 28kB
2021 WAIRC 00221
APPEAL AGAINST THE DECISION NOT TO GRANT PERMANENCY
WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION

PARTIES RACHEL WAY
APPELLANT
-V-
ROYAL PERTH HOSPITAL
RESPONDENT
CORAM PUBLIC SERVICE APPEAL BOARD
SENIOR COMMISSIONER R COSENTINO - CHAIR
MR C BROWN - BOARD MEMBER
MR P BUDD - BOARD MEMBER
DATE WEDNESDAY, 21 JULY 2021
FILE NO PSAB 32 OF 2020
CITATION NO. 2021 WAIRC 00221

Result Order issued
Representation


APPELLANT MS R WAY

RESPONDENT MR A CHAPPLE AND MR P HESLEWOOD


Order

HAVING heard from Ms R Way on her own behalf and Mr A Chapple and with him Mr P Heslewood on behalf of the respondent, the Public Service Appeal Board, pursuant to the powers conferred on it under the Industrial Relations Act 1979 (WA) (IR Act), hereby orders –

1. THAT the name of the respondent on the notice of appeal be amended by deleting the name ‘Royal Perth Hospital’ and inserting in lieu the name ‘Chief Executive, East Metropolitan Health Service’.

2. THAT the preliminary issues being:
(a) Whether the appellant is a public service officer with standing to appeal a decision under s 80I(1)(a) of the IR Act or whether the appellant is a government officer with standing to appeal a decision under s 80I(1)(d) of the IR Act;
(b) Whether the appellant was dismissed; and
(c) Whether the appellant is to be granted leave to bring the appeal out of time;
be listed for a 1 day hearing on 29 September 2021.

3. THAT the parties each file a list of the documents they intend to rely on at the hearing by reference to the Table of Contents of the document headed ‘Commission Statement by Ms Rachel Way’ filed on 31 May 2021, by 15 September 2021.

4. THAT the parties each file:
(a) A list of witnesses they intend to call at the hearing; and
(b) Copies of any additional documents to be relied upon at the at hearing (not contained in the Commission Statement by Ms Rachel Way) by 22 September 2021.

5. THAT the parties have liberty to apply.








SENIOR COMMISSIONER R COSENTINO
ON BEHALF OF THE PUBLIC SERVICE APPEAL BOARD
Rachel Way -v- Chief Executive, East Metropolitan Health Service

APPEAL AGAINST THE DECISION NOT TO GRANT PERMANENCY

WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION

 

PARTIES Rachel Way

APPELLANT

-v-

Royal Perth Hospital

RESPONDENT

CORAM PUBLIC SERVICE APPEAL BOARD

 Senior Commissioner R Cosentino - CHAIR

 MR C BROWN - BOARD MEMBER

 MR P BUDD - BOARD MEMBER

DATE Wednesday, 21 July 2021

FILE NO PSAB 32 OF 2020

CITATION NO. 2021 WAIRC 00221

 

Result Order issued

Representation

 


Appellant Ms R Way

 

Respondent Mr A Chapple and Mr P Heslewood

 

 

Order

 

HAVING heard from Ms R Way on her own behalf and Mr A Chapple and with him Mr P Heslewood on behalf of the respondent, the Public Service Appeal Board, pursuant to the powers conferred on it under the Industrial Relations Act 1979 (WA) (IR Act), hereby orders 

 

1. THAT the name of the respondent on the notice of appeal be amended by deleting the name ‘Royal Perth Hospital’ and inserting in lieu the name ‘Chief Executive, East Metropolitan Health Service’.

 

2. THAT the preliminary issues being:

(a) Whether the appellant is a public service officer with standing to appeal a decision under s 80I(1)(a) of the IR Act or whether the appellant is a government officer with standing to appeal a decision under s 80I(1)(d) of the IR Act;

(b) Whether the appellant was dismissed; and

(c) Whether the appellant is to be granted leave to bring the appeal out of time;

be listed for a 1 day hearing on 29 September 2021.

 

3. THAT the parties each file a list of the documents they intend to rely on at the hearing by reference to the Table of Contents of the document headed ‘Commission Statement by Ms Rachel Way’ filed on 31 May 2021, by 15 September 2021.

 

4. THAT the parties each file:

(a) A list of witnesses they intend to call at the hearing; and

(b) Copies of any additional documents to be relied upon at the at hearing (not contained in the Commission Statement by Ms Rachel Way) by 22 September 2021.

 

5. THAT the parties have liberty to apply.

 

 

 

 

 

 

 

 

Senior Commissioner R Cosentino

ON BEHALF OF THE PUBLIC SERVICE APPEAL BOARD