APPEAL AGAINST A DECISION OF THE COMMISSION IN MATTER NUMBER U 34 OF 2025 GIVEN ON 25 MARCH 2026

WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION

PARTIES Matthew Tran

APPELLANT

-v-

East Metropolitan Health Service

RESPONDENT

CORAM FULL BENCH

Chief Commissioner S J Kenner

 Commissioner T B Walkington

 Commissioner C Tsang

DATE WEDNESDay, 6 MAY 2026

FILE NO/S FBA 9 OF 2026

CITATION NO. 2026 WAIRC 00273

Result Order issued

Representation

Appellant In person

Respondent Mr J Carroll of counsel

Order

HAVING heard Mr M Tran on his own behalf and Mr J Carroll of counsel on behalf of the respondent, the Full Bench, pursuant to the powers conferred on it under the Industrial Relations Act 1979 (WA), hereby orders –

(1) THAT the following documents be and are hereby substituted for the versions currently contained appeal book lodged with the Registry on 26 April 2026:

(a) Form 2 – Unfair Dismissal Application comprising 46 pages filed on 4 April 2025 in matter U 34 of 2025.

(b) Exhibit R1 comprising 24 pages tendered by the respondent on 4 February 2026 in matter U 34 of 2025.

(c) Form 1A – Amended Notice of Appeal Grounds comprising 55 pages filed 13 April 2026 in matter FBA 9 of 2026.

(2) THAT the documents in the appeal book described as ‘Applicant’s List of Evidence filed 18 September 2025’ and ‘Appellant’s Index for Exhibit A1 Tendered on 4 February 2026 and Filed 18 September 2025 at 11:48AM’ are removed from the appeal book. These documents will be permitted to be used by the appellant as an aid only.

(3) THAT the appeal book be re-paginated and will be taken to be filed on 6 May 2026.

(4) THAT the appellant serve the respondent with a stamped copy of the appeal book within 48 hours of it being returned to him for service.

By the Full Bench

CHIEF COMMISSIONER S J KENNER