Benchmark WA Industrial Relations Case Database

Toni Marie Van Den Berg v Minister for Corrective Services

[2024] WAIRC 33 Single Commissioner (WAIRC) 2024-01-24 File: U 88/2023
Source
Commissioner Walkington
Not yet cited by other cases
Treatment by later cases (1)
1 neutral
Applicant: Toni Marie Van Den Berg
Respondent: Minister for Corrective Services

Ratio

The Commission, by consent, directed that the applicant withdraw her Form 2 Unfair Dismissal Application and substitute a Form 5 Referral under the Public Sector Management Act 1994, which is the appropriate procedural vehicle for addressing the employment dispute.

Outcome

Resolved other

Authority signal

Not yet cited by other cases Signal-weighted score: 0.8
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 Form 2 – Unfair Dismissal Application on 30 November 2023
  • Respondent filed Form 2A – Employer Response to Unfair Dismissal Application on 15 January 2024
  • The matter proceeded by consent to rectify the originating process
  • Respondent withdrew paragraphs 1–6 of the annexure to its Form 2A response

Legislation referenced

  • Industrial Relations Act 1979 (WA)
  • Public Sector Management Act 1994

Concept tags · 5

[P]Unfair dismissal (WA) [P]Public sector matter (general WAIRC jurisdiction post-PSAB) [P]Public sector termination [S]Joinder / amendment of parties [M]Procedural fairness at dismissal stage

Subsequent treatment · 1

Cited / considered· 1

Cited
(2024) 104 WAIG WAIRC — Single Commissioner — Direction HAVING heard from the Mr Fletcher on behalf of the v Mr Carroll on...
Archived text (212 words)
UNFAIR DISMISSAL APPLICATION WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION PARTIES Toni Marie Van Den Berg APPLICANT -v- Minister for Corrective Services RESPONDENT CORAM Commissioner T B Walkington DATE Wednesday, 24 January 2024 FILE NO. U 88 OF 2023 CITATION NO. 2024 WAIRC 00033 Result Direction issued Representation Applicant Mr M Fletcher (of counsel) Respondent Mr J Carroll (of counsel) Direction HAVING heard from the Mr Fletcher on behalf of the applicant and Mr Carroll on behalf of the respondent, the Commission pursuant to the powers conferred on it under the Industrial Relations Act 1979 (WA), and by consent, hereby directs: 1. THAT by 25 January 2024, the applicant is to file a Form 5 – Referral of a Matter Under the Public Sector Management Act 1994 in substitution for the Form 2 – Unfair Dismissal Application filed on 30 November 2023, and it is to stand as the originating application in this matter; 2 THAT the respondent’s Form 2A – Employer Response to Unfair Dismissal Application filed on 15 January 2024 is to stand as the respondent’s response to the Applicant’s Form 5, save that paragraphs 1 to 6 of the annexure are withdrawn by the Respondent; and 3. THAT the parties have liberty to apply on short notice. Commissioner T B Walkington