Benchmark WA Industrial Relations Case Database

Brock Elliott Burston v Department of Education WA

[2023] WAIRC 132 Public Service Appeal Board (former) 2023-03-03 File: PSAB 46/2022 cited 1×
Source
Member Lee, Member Taylor
Cited 1×
Treatment by later cases (1)
1 neutral
Applicant: Brock Elliott Burston
Respondent: Director General, Department of Education

Ratio

The Public Service Appeal Board issued directions for case management procedures, including discovery, agreed facts, witness outlines, and legal submissions, with the matter to proceed to a 2-day hearing in June 2023.

Outcome

Resolved adjourned

Authority signal

Cited 1× Signal-weighted score: 1.0
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

  • Appeal against decision of Director General, Department of Education taken on 26 May 2022
  • Matter heard by Public Service Appeal Board comprising Commissioner C Tsang (Chair), Mr G Lee and Mr M Taylor
  • Appellant appeared unrepresented; respondent represented by counsel
  • Directions issued for procedural case management

Legislation referenced

  • Industrial Relations Act 1979 (WA)

Concept tags · 7

[P]Public Service Appeal Board appeal (historical) [P]Public sector matter (general WAIRC jurisdiction post-PSAB) [S]Public sector discipline [S]Discovery / inspection of documents [S]Witness outline timing & scope [M]Procedural fairness at dismissal stage [M]Extension of time to file

Subsequent treatment · 1

Cited / considered· 1

Cited
[2023] WAIRC 245 PSAB (former) — Brock Elliott Burston v Director General, Department of Education
Archived text (291 words)
APPEAL AGAINST THE DECISION OF THE EMPLOYER TAKEN ON 26 MAY 2022 WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION PARTIES Brock Elliott Burston APPELLANT -v- DIRECTOR GENERAL, Department of Education RESPONDENT CORAM PUBLIC SERVICE APPEAL BOARD Commissioner C Tsang – CHAIR mR g lee – BOARD MEMBER MR M TAYLOR – BOARD MEMBER DATE Friday, 3 March 2023 FILE NO. PSAB 46 OF 2022 CITATION NO. 2023 WAIRC 00132 Result Direction issued Representation Appellant Mr B Burston (on his own behalf) Respondent Mr J Carroll (of counsel) Direction HAVING heard from Mr B Burston on his own behalf and Mr J Carroll (of counsel) on behalf of the respondent, the Public Service Appeal Board, pursuant to the powers conferred under the Industrial Relations Act 1979 (WA), hereby directs – 1. THAT discovery be informal and to be concluded by Friday, 24 March 2023. 2. THAT the parties file a statement of agreed facts and bundle of agreed documents by Thursday, 6 April 2023. 3. That the appellant file outlines of witness evidence and documents, other than the agreed documents, on which he intends to rely upon at the hearing by Thursday, 27 April 2023. 4. That the respondent file outlines of witness evidence and documents, other than the agreed documents, on which she intends to rely upon at the hearing by Thursday, 11 May 2023. 5. THAT the appellant file an outline of legal submissions by Thursday, 25 May 2023. 6. THAT the respondent file an outline of legal submissions by Thursday, 1 June 2023. 7. THAT the matter be listed for a 2-day hearing on a date to be fixed in June 2023. 8. THAT the parties have liberty to apply. Commissioner C Tsang ON BEHALF OF THE PUBLIC SERVICE APPEAL BOARD