Mary Jennifer Meunier -v- Housing Authority
Document Type: Order
Matter Number: PSAB 34/2021
Matter Description: Appeal against the decision to terminate employment on 3 November 2021
Industry: Government Administration
Jurisdiction: Public Service Appeal Board
Member/Magistrate name: Commissioner T B Walkington
Delivery Date: 13 Apr 2022
Result: Direction Issued
Citation: 2022 WAIRC 00151
WAIG Reference: 102 WAIG 316
APPEAL AGAINST THE DECISION TO TERMINATE EMPLOYMENT ON 3 NOVEMBER 2021
WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION
PARTIES MARY JENNIFER MEUNIER
APPELLANT
-V-
HOUSING AUTHORITY
RESPONDENT
CORAM COMMISSIONER T B WALKINGTON – CHAIR
MR S DANE – BOARD MEMBER
MR M ABRAHAMSON – BOARD MEMBER
DATE WEDNESDAY, 13 APRIL 2022
FILE NO. PSAB 34 OF 2021
CITATION NO. 2022 WAIRC 00151
Result Direction Issued
Representation
APPLICANT MS M MEUNIER
RESPONDENT MR D ANDERSON (OF COUNSEL)
Direction
WHEREAS the Public Service Appeal Board (Board) issued Direction [2022] WAIRC 00022 on 24 January 2022 to program the hearing and determination of this appeal;
AND WHEREAS pursuant to that Direction, the parties filed a joint statement of agreed facts and bundle of agreed documents on 21 March 2022;
AND WHEREAS on 22 March 2022 the appellant sought an extension to file her outlines of evidence and documents;
AND WHEREAS on 23 March 2022 the Board directed the appellant to provide reasons in support of her extension request;
AND WHEREAS the Board did not receive a response from the appellant;
AND WHEREAS the respondent requested the Board to list a hearing in order to deal with the progress of the appeal;
AND WHEREAS a For Mention hearing was held before the Board on 12 April 2022 and the Board heard from the appellant on her own behalf and Mr D Anderson (of counsel) on behalf of the respondent
NOW THEREFORE, the Public Service Appeal Board, pursuant to the powers conferred under the Industrial Relations Act 1979 (WA), hereby directs:
1. THAT Directions 3 to 6 of [2022] WAIRC 00022 are vacated;
2. THAT the appellant files, by 26 April 2022, her signed witness statement and any documents (other than the agreed documents) which she intends to rely, and the appellant’s evidence be adduced by the witness statement and will stand as the evidence in chief in this matter;
3. THAT the appellant files outlines of evidence of witnesses and any documents (other than the agreed documents and her own witness statement) which she intends to rely by 26 April 2022;
4. THAT the respondent files outlines of evidence and documents (other than the agreed documents) on which it intends to rely by 4 May 2022;
5. THAT the parties are granted leave to file written outlines of submissions and any list of authorities upon which they intend to rely by 9 May 2022;
6. THAT the matter remains listed for final hearing on 10 May 2022 and 11 May 2022; and
7. THAT the parties have liberty to apply on short notice.
COMMISSIONER T B WALKINGTON
ON BEHALF OF THE PUBLIC SERVICE APPEAL BOARD
APPEAL AGAINST THE DECISION TO TERMINATE EMPLOYMENT ON 3 NOVEMBER 2021
WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION
PARTIES Mary Jennifer Meunier
APPELLANT
-v-
Housing Authority
RESPONDENT
CORAM Commissioner T B WalkingtoN – CHAIR
MR S DANE – BOARD MEMBER
MR M ABRAHAMSON – BOARD MEMBER
DATE Wednesday, 13 april 2022
FILE NO. PSAB 34 OF 2021
CITATION NO. 2022 WAIRC 00151
Result Direction Issued
Representation
Applicant Ms M Meunier
Respondent Mr D Anderson (of counsel)
Direction
WHEREAS the Public Service Appeal Board (Board) issued Direction [2022] WAIRC 00022 on 24 January 2022 to program the hearing and determination of this appeal;
AND WHEREAS pursuant to that Direction, the parties filed a joint statement of agreed facts and bundle of agreed documents on 21 March 2022;
AND WHEREAS on 22 March 2022 the appellant sought an extension to file her outlines of evidence and documents;
AND WHEREAS on 23 March 2022 the Board directed the appellant to provide reasons in support of her extension request;
AND WHEREAS the Board did not receive a response from the appellant;
AND WHEREAS the respondent requested the Board to list a hearing in order to deal with the progress of the appeal;
AND WHEREAS a For Mention hearing was held before the Board on 12 April 2022 and the Board heard from the appellant on her own behalf and Mr D Anderson (of counsel) on behalf of the respondent
NOW THEREFORE, the Public Service Appeal Board, pursuant to the powers conferred under the Industrial Relations Act 1979 (WA), hereby directs:
1. THAT Directions 3 to 6 of [2022] WAIRC 00022 are vacated;
2. THAT the appellant files, by 26 April 2022, her signed witness statement and any documents (other than the agreed documents) which she intends to rely, and the appellant’s evidence be adduced by the witness statement and will stand as the evidence in chief in this matter;
3. THAT the appellant files outlines of evidence of witnesses and any documents (other than the agreed documents and her own witness statement) which she intends to rely by 26 April 2022;
4. THAT the respondent files outlines of evidence and documents (other than the agreed documents) on which it intends to rely by 4 May 2022;
5. THAT the parties are granted leave to file written outlines of submissions and any list of authorities upon which they intend to rely by 9 May 2022;
6. THAT the matter remains listed for final hearing on 10 May 2022 and 11 May 2022; and
7. THAT the parties have liberty to apply on short notice.
Commissioner T B WALKINGTON
On behalf of the public service appeal boaRD