UNFAIR DISMISSAL APPLICATION

WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION

PARTIES Loanne Carter

APPLICANT

-v-

Department of Education WA

RESPONDENT

CORAM Commissioner C Tsang

DATE THURSday, 11 August 2022

FILE NO. U 65 OF 2022

CITATION NO. 2022 WAIRC 00611

Result Directions issued

Representation 

Applicant Mrs L Carter

Respondent Ms E Negus of counsel

Directions

HAVING heard Mrs L Carter on her own behalf and Ms E Negus of counsel behalf of the respondent the Commission, pursuant to the powers conferred on it under the Industrial Relations Act 1979, hereby directs –

1. THAT the question of whether the applicant is a government officer for the purposes of s 80E(1) of the Industrial Relations Act 1979 (WA) be determined as a preliminary issue (jurisdictional issue).

2. THAT the respondent file any documentary evidence and written submissions relevant to the jurisdictional issue by no later than 16 August 2022.

3. THAT the applicant file any responsive documentary evidence and written submissions relevant to the jurisdictional issue by no later than 30 August 2022.

4. THAT subject to further order, the jurisdictional issue be determined on the papers.

5. THAT there be liberty to apply.

Commissioner C Tsang