Brock Delfante -v- North Metropolitan Health Service
Document Type: Order
Matter Number: PSAB 25/2019
Matter Description: Appeal against the decision to take disciplinary action on 9 August 2019
Industry: Health Services
Jurisdiction: Public Service Appeal Board
Member/Magistrate name: Commissioner T Emmanuel
Delivery Date: 27 Aug 2021
Result: Appeal dismissed
Citation: 2021 WAIRC 00482
WAIG Reference: 101 WAIG 1267
APPEAL AGAINST THE DECISION TO TAKE DISCIPLINARY ACTION ON 9 AUGUST 2019
WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION
PARTIES BROCK DELFANTE
APPELLANT
-V-
NORTH METROPOLITAN HEALTH SERVICE
RESPONDENT
CORAM PUBLIC SERVICE APPEAL BOARD
COMMISSIONER T EMMANUEL - CHAIR
MS B CONWAY - BOARD MEMBER
MR B KIRWAN - BOARD MEMBER
DATE FRIDAY, 27 AUGUST 2021
FILE NO PSAB 25 OF 2019
CITATION NO. 2021 WAIRC 00482
Result Appeal dismissed
Representation
APPELLANT ON HIS OWN BEHALF
RESPONDENT MS M DI LELLO (AS AGENT)
Order
WHEREAS this is an appeal to the Public Service Appeal Board (Board) under s 80I(1)(c) of the Industrial Relations Act 1979 (WA) that was listed for a hearing for mention on Wednesday, 11 August 2021;
AND WHEREAS on Wednesday, 11 August 2021 the Board issued an order [2021] WAIRC 00461 which ordered that ‘unless the appellant contacts the Public Service Appeal Board by 4pm, Wednesday 25 August 2021 and provides the Public Service Appeal Board with information that satisfies the Public Service Appeal Board that application PSAB 25 of 2019 should proceed, application PSAB 25 of 2019 will be dismissed’;
AND WHEREAS on Wednesday, 25 August 2021 the appellant wrote to the Board and said: ‘I am awaiting a response from NMHS regarding the settlement that the Board has been notified about. The response includes confirmation the CEO has signed the Deed and the planned way by which NMHS plans to make the settlement payment. Following this, I plan to notify the Board that the settlement payment has occurred in order to close the matter’;
AND WHEREAS it is clear that the parties have reached a compromise agreement in relation to the matters the subject of application PSAB 25 of 2019;
NOW THEREFORE, in circumstances where the Public Service Appeal Board considers that application PSAB 25 of 2019 should not proceed because matter has settled, the Public Service Appeal Board, pursuant to the powers conferred under the Industrial Relations Act 1979 (WA), orders –
THAT application PSAB 25 of 2019 be, and by this order is, dismissed.
COMMISSIONER T EMMANUEL
ON BEHALF OF THE PUBLIC SERVICE APPEAL BOARD
APPEAL AGAINST THE DECISION TO TAKE DISCIPLINARY ACTION ON 9 AUGUST 2019
WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION
PARTIES Brock Delfante
APPELLANT
-v-
North Metropolitan Health Service
RESPONDENT
CORAM PUBLIC SERVICE APPEAL BOARD
Commissioner T Emmanuel - CHAIR
MS B CONWAY - BOARD MEMBER
MR B KIRWAN - BOARD MEMBER
DATE FRIday, 27 August 2021
FILE NO PSAB 25 OF 2019
CITATION NO. 2021 WAIRC 00482
Result Appeal dismissed
Representation
Appellant On his own behalf
Respondent Ms M Di Lello (as agent)
Order
WHEREAS this is an appeal to the Public Service Appeal Board (Board) under s 80I(1)(c) of the Industrial Relations Act 1979 (WA) that was listed for a hearing for mention on Wednesday, 11 August 2021;
AND WHEREAS on Wednesday, 11 August 2021 the Board issued an order [2021] WAIRC 00461 which ordered that ‘unless the appellant contacts the Public Service Appeal Board by 4pm, Wednesday 25 August 2021 and provides the Public Service Appeal Board with information that satisfies the Public Service Appeal Board that application PSAB 25 of 2019 should proceed, application PSAB 25 of 2019 will be dismissed’;
AND WHEREAS on Wednesday, 25 August 2021 the appellant wrote to the Board and said: ‘I am awaiting a response from NMHS regarding the settlement that the Board has been notified about. The response includes confirmation the CEO has signed the Deed and the planned way by which NMHS plans to make the settlement payment. Following this, I plan to notify the Board that the settlement payment has occurred in order to close the matter’;
AND WHEREAS it is clear that the parties have reached a compromise agreement in relation to the matters the subject of application PSAB 25 of 2019;
NOW THEREFORE, in circumstances where the Public Service Appeal Board considers that application PSAB 25 of 2019 should not proceed because matter has settled, the Public Service Appeal Board, pursuant to the powers conferred under the Industrial Relations Act 1979 (WA), orders –
THAT application PSAB 25 of 2019 be, and by this order is, dismissed.
Commissioner T Emmanuel
ON BEHALF OF THE PUBLIC SERVICE APPEAL BOARD