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

DOCX | 36kB
2021 WAIRC 00482
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
Brock Delfante -v- North Metropolitan Health Service

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