Benchmark WA Industrial Relations Case Database

Loanne Carter v Director General of the Department of Education WA

[2023] WAIRC 29 Public Service Appeal Board (former) 2023-01-13 File: PSAB 66/2022 cited 1×
Source
Member Anderson, Member Cinquina
Cited 1×
Treatment by later cases (1)
1 neutral
Applicant: Loanne Carter
Respondent: Director General of the Department of Education WA

Ratio

The Public Service Appeal Board issued directions for the management of the appeal proceedings, including informal discovery, amended pleadings, agreed facts, witness conferences, evidence outlines, and legal submissions, with the matter to be listed for hearing at a later date.

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 · 5

  • Appellant is Loanne Carter
  • Respondent is Director General of the Department of Education WA
  • Appeal concerns a decision of the employer taken on 25 October 2022
  • Appellant was removed from the respondent's systems
  • The matter proceeded before the Public Service Appeal Board

Legislation referenced

  • Industrial Relations Act 1979 (WA)

Concept tags · 5

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

Subsequent treatment · 1

Cited / considered· 1

Cited
[2023] WAIRC 199 PSAB (former) — Loanne Carter v Director General of the Department of Education WA
Archived text (342 words)
APPEAL AGAINST THE DECISION OF THE EMPLOYER TAKEN ON 25 OCTOBER 2022 WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION PARTIES Loanne Carter APPELLANT -v- Director General of the Department of Education WA RESPONDENT CORAM PUBLIC SERVICE APPEAL BOARD Commissioner C Tsang – CHAIR MS R ANDERSON – BOARD MEMBER MR N CINQUINA – BOARD MEMBER DATE Friday, 13 January 2023 FILE NO. PSAB 66 OF 2022 CITATION NO. 2023 WAIRC 00029 Result Direction issued Representation Appellant Mr T Carter (on behalf of the appellant) Respondent Ms E Negus (of counsel) Direction HAVING heard from Mr T Carter on behalf of the appellant and Ms E Negus (of counsel) on behalf of the respondent, the Public Service Appeal Board pursuant to the powers conferred on it under the Industrial Relations Act 1979 (WA), hereby directs: 1. THAT the respondent provide the appellant with informal discovery relating to the removal of the appellant from the respondent’s systems by 27 January 2023. 2. THAT the appellant file an amended Notice of Appeal by 10 February 2023. 3. THAT The respondent file an amended Response by 24 February 2023. 4. THAT the parties file a statement of agreed facts and bundle of agreed documents by 17 March 2023. 5. THAT the parties confer regarding the witnesses to be called in the matter by 24 March 2023. 6. THAT the appellant file outlines of evidence and documents, other than the agreed documents, on which they intend to rely upon at the hearing by 7 April 2023. 7. THAT the respondent file outlines of evidence and documents, other than the agreed documents, on which they intend to rely upon at the hearing by 21 April 2023. 8. THAT the appellant file an outline of legal submissions by 5 May 2023. 9. THAT the respondent file an outline of legal submissions by 19 May 2023. 10. THAT the matter be listed for hearing on a date to be fixed. 11. THAT the parties have liberty to apply at short notice. Commissioner C Tsang ON BEHALF OF THE PUBLIC SERVICE APPEAL BOARD