DISPUTE RE ALLEGED UNFAIR DISCIPLINARY PROCESS

WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION

PARTIES The State School Teachers' Union of W.A. (Incorporated)

APPLICANT

-v-

Director-General, Department of Education

RESPONDENT

CORAM Commissioner D J Matthews

DATE Friday, 29 May 2020

FILE NO/S CR 15 OF 2018

CITATION NO. 2020 WAIRC 00300

Result  Respondent application pursuant to section 27(1)(a) Industrial Relations Act 1979 dismissed

Representation

Applicant respondent Ms R Cosentino (of counsel)

Respondent applicant Mr J Carroll (of counsel)

Order

WHEREAS on 30 April 2018 the respondent to this application, an application that the substantive matter be dismissed under section 27(1)(a) Industrial Relations Act 1979, made an application pursuant to section 44 Industrial Relations Act 1979 to the Western Australian Industrial Relations Commission alleging that its member’s dismissal was harsh, oppressive or unfair;

AND WHEREAS the matter was referred for hearing and determination pursuant to section 44 Industrial Relations Act 1979 as per the Memorandum of Matters issued 28 May 2018.

AND WHEREAS by reasons for decision published 28 August 2018 I found that the dismissal of the member of the respondent to this application was unfair, but that his return to work was impracticable;

AND WHEREAS by order dated 30 August 2018 a money award was made in favour of the member by way of remedy;

AND WHEREAS the remedy decision was successfully appealed to the Full Bench of the Western Australian Industrial Relations Commission and the matter was remitted back for further hearing and determination in relation to the remedy decision;

AND WHEREAS following the remittal for further hearing and determination the respondent to the original application filed this application, an application that the matter be dismissed pursuant to section 27(1)(a) Industrial Relations Act 1979, on 20 January 2020;

NOW THEREFORE I, the undersigned, pursuant to the powers conferred on me under the Industrial Relations Act 1979 order that the application pursuant to section 27(1)(a) Industrial Relations Act 1979 filed 20 January 2020 be, and is hereby, dismissed.

Commissioner D J Matthews