Precious Chinaemerem Amuta -v- Department of Communities

Document Type: Order

Matter Number: U 58/2025

Matter Description: Unfair Dismissal Application

Industry: Community Services

Jurisdiction: Single Commissioner

Member/Magistrate name: Commissioner C Tsang

Delivery Date: 4 Jul 2025

Result: Direction issued

Citation: 2025 WAIRC 00405

WAIG Reference:

DOCX | 26kB
2025 WAIRC 00405
UNFAIR DISMISSAL APPLICATION
WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION

PARTIES PRECIOUS CHINAEMEREM AMUTA
APPLICANT
-V-
DEPARTMENT OF COMMUNITIES
RESPONDENT
CORAM COMMISSIONER C TSANG
DATE FRIDAY, 4 JULY 2025
FILE NO. U 58 OF 2025
CITATION NO. 2025 WAIRC 00405

Result Direction issued

Representation
APPLICANT MR P C AMUTA (ON HIS OWN BEHALF)

RESPONDENT MR M MCILWAINE (OF COUNSEL)


Direction

HAVING heard from Mr P C Amuta on his own behalf and Mr M McIlwaine (of counsel) on behalf of the respondent at the Directions Hearing on 3 July 2025, the Commission, pursuant to the powers conferred under the Industrial Relations Act 1979 (WA), hereby directs –

1. THAT the jurisdictional objection that the applicant is not eligible to make a claim of unfair dismissal because he was not dismissed (Jurisdictional Objection) be listed for a half-day hearing not before Thursday, 4 September 2025.

2. THAT the respondent file by Friday, 8 August 2025:
(a) Any outlines of witness evidence and documents in support of the Jurisdictional Objection; and
(b) An outline of submissions in support of the Jurisdictional Objection.

3. THAT the applicant file by Friday, 22 August 2025:
(a) Any outlines of witness evidence and documents contesting the Jurisdictional Objection; and
(b) An outline of submissions contesting the Jurisdictional Objection.

4. THAT the parties have liberty to apply.






COMMISSIONER C TSANG
Precious Chinaemerem Amuta -v- Department of Communities

UNFAIR DISMISSAL APPLICATION

WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION

 

PARTIES Precious Chinaemerem Amuta

APPLICANT

-v-

Department of Communities

RESPONDENT

CORAM Commissioner C Tsang

DATE FRIDAY, 4 July 2025

FILE NO. U 58 OF 2025

CITATION NO. 2025 WAIRC 00405

 

Result Direction issued

 


Representation 

Applicant Mr P C Amuta (on his own behalf)

 

Respondent Mr M McIlwaine (of counsel)

 

 

Direction

 

HAVING heard from Mr P C Amuta on his own behalf and Mr M McIlwaine (of counsel) on behalf of the respondent at the Directions Hearing on 3 July 2025, the Commission, pursuant to the powers conferred under the Industrial Relations Act 1979 (WA), hereby directs –

 

1. THAT the jurisdictional objection that the applicant is not eligible to make a claim of unfair dismissal because he was not dismissed (Jurisdictional Objection) be listed for a half-day hearing not before Thursday, 4 September 2025.

 

2. THAT the respondent file by Friday, 8 August 2025:

(a) Any outlines of witness evidence and documents in support of the Jurisdictional Objection; and

  (b) An outline of submissions in support of the Jurisdictional Objection.

 

3. THAT the applicant file by Friday, 22 August 2025:

(a) Any outlines of witness evidence and documents contesting the Jurisdictional Objection; and

  (b) An outline of submissions contesting the Jurisdictional Objection.

 

4. THAT the parties have liberty to apply. 

 

 

 

 

 

 

Commissioner C Tsang