Benchmark WA Industrial Relations Case Database

Justin Simmonds v Electricity Networks Corporation t/a Western Power, Sam Barbaro, Gair Landsborough, Andy Shaw, Sue Nesci, Ben Prideaux, Charlene Amin, Chris Porteous, Steven Armstrong, Matthew Mercer, Robert Mitchell, Sophie Silvester

[2024] WAIRC 59 Single Commissioner (WAIRC) 2024-02-08 File: WHST 8/2023
Source
Commissioner Emmanuel
Not yet cited by other cases
Applicant: Justin Simmonds
Respondent: Electricity Networks Corporation t/a Western Power

Ratio

The application was discontinued in relation to ten individual respondents (Sam Barbaro, Gair Landsborough, Andy Shaw, Sue Nesci, Ben Prideaux, Charlene Amin, Chris Porteous, Steven Armstrong, Matthew Mercer, Robert Mitchell and Sophie Silvester) by consent, leaving only Electricity Networks Corporation t/a Western Power as respondent. The amended application was filed on 2 February 2024.

Outcome

Resolved other

Authority signal

Not yet cited by other cases Signal-weighted score: 0.0
Derived from how later decisions have treated this case. Dark green = leading authority, green = positively treated, grey = neutral or sparse data, amber = caution, red = treated negatively.

Key facts · 4

  • Applicant filed an application under s 112 of the Work Health and Safety Act 2020 (WA)
  • Application initially listed Electricity Networks Corporation t/a Western Power and eleven individual respondents
  • Amended application filed on 2 February 2024
  • Amendment removed ten individual respondents from the application

Legislation referenced

  • Work Health and Safety Act 2020 (WA) s112

Concept tags · 4

[P]WHS prosecution [P]Joinder / amendment of parties [S]Procedural fairness during workplace investigation [M]PCBU primary duty of care (WHS)
Archived text (220 words)
APPLICATION FOR AN ORDER IN RELATION TO ENGAGING IN OR INDUCING DISCRIMINATORY OR COERCIVE CONDUCT PURSUANT TO SECTION 112 OF THE WORK HEALTH AND SAFETY ACT 2020 THE WORK HEALTH AND SAFETY TRIBUNAL PARTIES JUSTIN SIMMONDS APPLICANT -v- Electricity Networks Corporation t/a Western Power, Sam Barbaro, Gair Landsborough, Andy Shaw, Sue Nesci, Ben Prideaux, Charlene Amin, Chris Porteous, Steven Armstrong, Matthew Mercer, Robert Mitchell, Sophie Silvester RESPONDENT CORAM Commissioner T Emmanuel DATE THURSDAY, 8 February 2024 FILE NO/S WHST 8 OF 2023 CITATION NO. 2024 WAIRC 00059 Result Order issued Representation Applicant Mr J Hammond (of counsel) Respondent Mr G Giorgi (of counsel) Order WHEREAS this is an application to the Work Health and Safety Tribunal under s 112 of the Work Health and Safety Act 2020 (WA); AND WHEREAS on 2 February 2024 the applicant filed an amended application that lists Electricity Networks Corporation t/a Western Power as the only respondent; NOW THEREFORE, the Work Health and Safety Tribunal, pursuant to the powers conferred on it under the Work Health and Safety Act 2020 (WA), and by consent, hereby orders: THAT this application be, and by this order, is discontinued in relation to Sam Barbaro, Gair Landsborough, Andy Shaw, Sue Nesci, Ben Prideaux, Charlene Amin, Chris Porteous, Steven Armstrong, Matthew Mercer, Robert Mitchell and Sophie Silvester. Commissioner T Emmanuel