Jean-Pierre Clement -v- Director General, Department of Water and Environmental Regulation
Document Type: Order
Matter Number: PSAB 3/2025
Matter Description: Appeal against the decision of the employer taken on 27 December 2024
Industry: Government Administration
Jurisdiction: Public Service Appeal Board
Member/Magistrate name: Commissioner C Tsang
Delivery Date: 28 Jul 2025
Result: Direction issued
Citation: 2025 WAIRC 00449
WAIG Reference:
APPEAL AGAINST THE DECISION OF THE EMPLOYER TAKEN ON 27 DECEMBER 2024
WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION
PARTIES JEAN-PIERRE CLEMENT
APPLICANT
-V-
DIRECTOR GENERAL, DEPARTMENT OF WATER AND ENVIRONMENTAL REGULATION
RESPONDENT
CORAM COMMISSIONER C TSANG
DATE MONDAY, 28 JULY 2025
FILE NO. PSAB 3 OF 2025
CITATION NO. 2025 WAIRC 00449
Result Direction issued
Representation
APPLICANT MR J P CLEMENT (ON HIS OWN BEHALF)
RESPONDENT MR M MCILWAINE (OF COUNSEL)
Direction
HAVING heard from Mr J P Clement on his own behalf and Mr M McIlwaine (of counsel) on behalf of the respondent, the Public Service Appeal Board pursuant to the powers conferred under the Industrial Relations Act 1979 (WA), and by consent, hereby directs –
1. THAT the Directions issued on 17 June 2025 ([2025] WAIRC 00366) be vacated.
2. THAT the application to appeal out of time be heard at the same time as the appeal, which is to be listed for hearing not before Friday, 5 September 2025 (Hearing).
3. THAT discovery be informal.
4. THAT the parties file by Friday, 13 June 2025:
(a) An agreed statement that identifies:
(i) The agreed facts.
(ii) The agreed issues that are to be determined at the Hearing.
(iii) The agreed legal principles applicable to the issues at 4(a)(ii) above.
5. THAT the parties file a bundle of agreed documents by Monday, 16 June 2025.
6. THAT the appellant file outlines of witness evidence and documents (other than those in the bundle of agreed documents) by Monday, 7 July 2025.
7. THAT the respondent file outlines of witness evidence and documents (other than those in the bundle of agreed documents) by Monday, 4 August 2025.
8. THAT the parties notify the Chambers of the Chair by Monday, 11 August 2025:
(a) Their agreed estimate of the number of days required for the Hearing.
(b) Their availability in the 3-month period from Friday, 5 September 2025.
9. THAT the appellant file an outline of legal submissions by Monday, 11 August 2025.
10. THAT the respondent file an outline of legal submissions by Monday, 1 September 2025.
11. THAT the parties have liberty to apply.
COMMISSIONER C TSANG
ON BEHALF OF THE PUBLIC SERVICE APPEAL BOARD
APPEAL AGAINST THE DECISION OF THE EMPLOYER TAKEN ON 27 DECEMBER 2024
WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION
PARTIES Jean-Pierre Clement
APPLICANT
-v-
DIRECTOR GENERAL, Department of Water and Environmental Regulation
RESPONDENT
CORAM Commissioner C Tsang
DATE Monday, 28 July 2025
FILE NO. PSAB 3 OF 2025
CITATION NO. 2025 WAIRC 00449
Result Direction issued
Representation
Applicant Mr J P Clement (on his own behalf)
Respondent Mr M McIlwaine (of counsel)
Direction
HAVING heard from Mr J P Clement on his own behalf and Mr M McIlwaine (of counsel) on behalf of the respondent, the Public Service Appeal Board pursuant to the powers conferred under the Industrial Relations Act 1979 (WA), and by consent, hereby directs –
1. THAT the Directions issued on 17 June 2025 ([2025] WAIRC 00366) be vacated.
2. THAT the application to appeal out of time be heard at the same time as the appeal, which is to be listed for hearing not before Friday, 5 September 2025 (Hearing).
3. THAT discovery be informal.
4. THAT the parties file by Friday, 13 June 2025:
(a) An agreed statement that identifies:
(i) The agreed facts.
(ii) The agreed issues that are to be determined at the Hearing.
(iii) The agreed legal principles applicable to the issues at 4(a)(ii) above.
5. THAT the parties file a bundle of agreed documents by Monday, 16 June 2025.
6. THAT the appellant file outlines of witness evidence and documents (other than those in the bundle of agreed documents) by Monday, 7 July 2025.
7. THAT the respondent file outlines of witness evidence and documents (other than those in the bundle of agreed documents) by Monday, 4 August 2025.
8. THAT the parties notify the Chambers of the Chair by Monday, 11 August 2025:
(a) Their agreed estimate of the number of days required for the Hearing.
(b) Their availability in the 3-month period from Friday, 5 September 2025.
9. THAT the appellant file an outline of legal submissions by Monday, 11 August 2025.
10. THAT the respondent file an outline of legal submissions by Monday, 1 September 2025.
11. THAT the parties have liberty to apply.
Commissioner C Tsang
ON BEHALF OF THE PUBLIC SERVICE APPEAL BOARD