APPEAL AGAINST THE DISCIPLINARY DECISION AND PENALTY GIVEN ON 29 JULY 2024

WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION

PARTIES Reza Rudd

APPELLANT

-v-

Public Transport Authority of Western Australia

RESPONDENT

CORAM PUBLIC SERVICE APPEAL BOARD

 Commissioner T Kucera - CHAIRPERSON

 MS B ANDERSON - BOARD MEMBER

 MR J BATCHELOR - BOARD MEMBER

DATE MONday, 19 May 2025

FILE NO PSAB 23 OF 2024

CITATION NO. 2025 WAIRC 00310

Result Application dismissed

Representation

Appellant No appearance

Respondent Mr J Carroll (of counsel)

Order

WHEREAS the appellant on 1 October 2024, filed a Form 8B – Notice of Appeal - Government Officers, Public Service Officers under s80I(1)(d) of the Industrial Relations Act 1979 (IR Act) against a decision that was made by the respondent on 29 July 2024 to dismiss the appellant from his employment (appeal);

AND WHEREAS the respondent on 15 October 2024, filed a Form 4 Response to the appeal in which the respondent objected to the Board hearing the appeal on the ground that it was filed approximately six and a half weeks out of time;

AND WHEREAS on 14 February 2025 the Board made programming orders issued by consent (programming orders) for the Board to hear as a preliminary issue, the question of whether the appellant would be granted leave to appeal out of time (preliminary issue);

AND WHEREAS the appellant failed to file any witness outlines and any documents upon which he intended to rely that were not agreed documents in respect of the preliminary issue, as required by order 4 of the programming orders by 28 February 2025;

AND WHEREAS the appellant failed to file an outline of submissions on the preliminary issue, which the appellant was required to file pursuant to order 6 the programming orders by 21 March 2025; 

AND WHEREAS the respondent on 24 March 2025 in accordance with order 7 of the programming orders, filed its submissions opposing the appellant’s application for an extension of time (respondent’s submissions);

AND WHEREAS the Board by way of an email to the appellant’s representative dated 24 March 2025, directed the appellant to provide a response to the respondent’s submissions by the close of business, 26 March 2025; 

AND WHEREAS the appellant did not as directed, provide a response to the respondent’s submissions;

AND WHEREAS on 1 April 2025 the application was listed for a show cause hearing to be held on 14 May 2025 (show cause hearing);

AND WHEREAS representatives for the respondent on 14 May 2025 appeared at the show cause hearing but there was no appearance by the appellant or his representative;

NOW THEREFORE, the Public Service Appeal Board, pursuant to the powers vested in it under s 27 of the IR Act hereby orders –

THAT the appeal be dismissed for want of prosecution.

Commissioner T Kucera

ON BEHALF OF THE

PUBLIC SERVICE APPEAL BOARD