UNFAIR DISMISSAL APPLICATION

WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION

PARTIES Veronica Docherty

APPLICANT

-v-

Catholic Archdiocese of Perth

RESPONDENT

CORAM Commissioner T B Walkington

DATE friday, 24 October 2025

FILE NO. U 87 OF 2021

CITATION NO. 2025 WAIRC 00877

Result Direction issued

Representation (On the Papers)

Applicant Ms V Docherty

Respondent Ms R Roach (of counsel)

Direction

WHEREAS this is an application pursuant to s 29(1)(b)(i) of the Industrial Relations Act 1979 (WA);

AND WHEREAS on 2 October 2025, the respondent filed an application for the Commission to exercise its powers under s 27(1)(a) of the Industrial Relations Act 1979 (WA) (s 27(1)(a) application);

AND WHEREAS on 3 October 2025, the Commission sought the applicant’s views and whether they objected to the s 27(1)(a) application;

AND WHEREAS on 6 October 2025, the applicant replied requesting an indefinite adjournment to proceedings on the grounds of health and medical reasons;

AND WHEREAS on 6 October 2025, the Commission sought to clarify whether the applicant was seeking an indefinite adjournment, and to provide sufficient evidence supporting their incapacity to conduct proceedings;

AND WHEREAS on 10 October 2025, the Commission listed the matter for an Interlocutory Hearing to determine the respondent’s s 27(1)(a) application and the applicant’s request for an indefinite adjournment;

AND WHEREAS on 14 October 2025, the respondent respectfully requested that the Commission issue programming orders for the filing of written materials in advance of the listed Interlocutory Hearing to determine the respondent’s s 27(1)(a) application and the applicant’s request for an indefinite adjournment;

AND WHEREAS on 16 October 2025, the Commission emailed both parties a Minute of Proposed Directions and the applicant was sent a copy via express post;

AND WHEREAS the Commission requested the parties advise if they consent to the Minute of Proposed Direction, and if there were no objections by 4.00 pm, Thursday, 23 October 2025, the Minute of Proposed Direction would issue as a Direction;

AND WHEREAS on 16 October 2025, the respondent consented to the Minute of Proposed Direction issuing as a Direction;

AND WHEREAS in the applicant’s subsequent correspondence, they did not respond to the Commission’s requests to raise submissions as to whether they consented to the Minute of Proposed Direction issuing as a Direction;

AND WHEREAS the Commission informed the applicant that if they did not provide a response to the Minute of Proposed Direction, then the Commission intended to issue the Minute of Proposed Direction as a Direction;

AND WHEREAS in the circumstances, the Commission is satisfied that the applicant has been given an opportunity to be heard in relation to the Minute of Proposed Direction;

NOW THEREFORE, the Commission, pursuant to the powers conferred under the Industrial Relations Act 1979 (WA), hereby directs –

1. THAT the respondent file and serve any witness statements, documents and submissions they intend to rely upon in relation to the s 27(1)(a) application by no later than 4.00 pm, 1 December 2025;

2. THAT the applicant file and serve any witness statements, documents and submissions they intend to rely upon in relation to their request for an indefinite adjournment by no later than 4.00 pm, 1 December 2025;

3. THAT the respondent file and serve any witness statements, documents and submissions in response to the applicant’s request for an indefinite adjournment by no later than 4.00 pm, 15 December 2025;

4. THAT the applicant file and serve any witness statements, documents and submissions in response to the respondent’s s 27(1)(a) application by no later than 4.00 pm, 15 December 2025.

Commissioner T B Walkington