Ida Palaloi -v- Director General, Department of Education
Document Type: Order
Matter Number: U 33/2023
Matter Description: Unfair Dismissal Application
Industry: Education
Jurisdiction: Single Commissioner
Member/Magistrate name: Commissioner C Tsang
Delivery Date: 20 Dec 2023
Result: Order issued
Citation: 2023 WAIRC 00979
WAIG Reference:
UNFAIR DISMISSAL APPLICATION
WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION
PARTIES IDA PALALOI
APPLICANT
-V-
DIRECTOR GENERAL, DEPARTMENT OF EDUCATION
RESPONDENT
CORAM COMMISSIONER C TSANG
DATE WEDNESDAY, 20 DECEMBER 2023
FILE NO. U 33 OF 2023
CITATION NO. 2023 WAIRC 00979
Result Order issued
Representation
APPLICANT MS I PALALOI (ON HER OWN BEHALF)
RESPONDENT MS E NEGUS (OF COUNSEL)
Order
WHEREAS on 15 December 2023 the respondent filed an application for the proceedings to be dismissed pursuant to s 27(1)(a)(iv) of the Industrial Relations Act 1979 (WA) (IR Act) and an application for discovery orders pursuant to s 27(1)(o) of the IR Act;
NOW THEREFORE, having heard from Ms I Palaloi (on her own behalf) and Ms E Negus (of counsel) on behalf of the respondent at the Directions Hearing on 20 December 2023, the Commission, pursuant to the powers conferred on it under the IR Act, hereby orders –
THAT by Friday, 5 January 2024, the applicant file an affidavit, sworn or affirmed in accordance with sections 8 to 10 of the Oaths, Affidavits and Statutory Declarations Act 2005 (WA), that:
1. Identifies the name of any former or current student of Kalgoorlie Boulder Community High School that the applicant has had any contact with, in any form, in the period from and including 17 May 2023 to the date of the affidavit (Contact);
2. States the date of each Contact;
3. States the nature of each Contact; specifically whether the Contact was in the form of a verbal communication or in the form of a recorded communication, such as via a text or other electronic form of communication;
4. Attaches to the affidavit a complete and chronological record of all Contact that was in recorded form (Record) in the applicant’s possession, custody or control; and
5. States that if a Record is not attached to the affidavit it is because the Record is no longer in the applicant’s possession, custody or control, and:
a. States the date that the Record came to no longer be in the applicant’s possession, custody or control; and
b. States the reason that the Record is no longer in the applicant’s possession, custody or control.
COMMISSIONER C TSANG
UNFAIR DISMISSAL APPLICATION
WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION
PARTIES Ida Palaloi
APPLICANT
-v-
Director General, Department of Education
RESPONDENT
CORAM Commissioner C Tsang
DATE Wednesday, 20 December 2023
FILE NO. U 33 OF 2023
CITATION NO. 2023 WAIRC 00979
Result Order issued
Representation
Applicant Ms I Palaloi (on her own behalf)
Respondent Ms E Negus (of counsel)
Order
WHEREAS on 15 December 2023 the respondent filed an application for the proceedings to be dismissed pursuant to s 27(1)(a)(iv) of the Industrial Relations Act 1979 (WA) (IR Act) and an application for discovery orders pursuant to s 27(1)(o) of the IR Act;
NOW THEREFORE, having heard from Ms I Palaloi (on her own behalf) and Ms E Negus (of counsel) on behalf of the respondent at the Directions Hearing on 20 December 2023, the Commission, pursuant to the powers conferred on it under the IR Act, hereby orders –
THAT by Friday, 5 January 2024, the applicant file an affidavit, sworn or affirmed in accordance with sections 8 to 10 of the Oaths, Affidavits and Statutory Declarations Act 2005 (WA), that:
1. Identifies the name of any former or current student of Kalgoorlie‑Boulder Community High School that the applicant has had any contact with, in any form, in the period from and including 17 May 2023 to the date of the affidavit (Contact);
2. States the date of each Contact;
3. States the nature of each Contact; specifically whether the Contact was in the form of a verbal communication or in the form of a recorded communication, such as via a text or other electronic form of communication;
4. Attaches to the affidavit a complete and chronological record of all Contact that was in recorded form (Record) in the applicant’s possession, custody or control; and
5. States that if a Record is not attached to the affidavit it is because the Record is no longer in the applicant’s possession, custody or control, and:
a. States the date that the Record came to no longer be in the applicant’s possession, custody or control; and
b. States the reason that the Record is no longer in the applicant’s possession, custody or control.
Commissioner C Tsang