WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION CITATION : 2020 WAIRC 00046 CORAM : PUBLIC SERVICE APPEAL BOARD COMMISSIONER D J MATTHEWS- CHAIRMAN MR G LEE - BOARD MEMBER MR T DI LABIO - BOARD MEMBER HEARD : TUESDAY, 23 JULY 2019, WEDNESDAY, 24 JULY 2019, THURSDAY, 25 JULY 2019, FRIDAY, 20 SEPTEMBER 2019 DELIVERED : FRIDAY, 17 JANUARY 2020 FILE NO. : PSAB 24 OF 2018 BETWEEN : CRAIG D'ROZARIO Appellant AND DIRECTOR GENERAL, DEPARTMENT OF TRANSPORT Respondent 100 W.A.I.G. WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 155 CatchWords : Industrial law (WA) – Appeal against decision to terminate employment for substandard performance – No investigation held to determine whether or not the appellant’s performance was substandard – Failure to conduct an investigation under section 79(5) Public Sector Management Act 1994 open to be cured on appeal – In this case Public Service Appeal Board unable to determine question of substandard performance on evidence before it – Decision to dismiss quashed Legislation : Public Sector Management Act 1994 s78, s79 Result : Appeal upheld Decision to dismiss quashed Representation: Counsel: Appellant : In person Respondent : Ms M Jones (of counsel) Case(s) referred to in reasons: Project Blue Sky Inc v Australian Broadcasting Authority (1998) 194 CLR 355 Re Railway Appeal Board; ex parte Western Australian Government Railways Commission (1999) 21 WAR 1 Director General, Department of Education v Patrick Guretti (2014) 94 WAIG 425 Reasons for Decision 1 The appellant was employed by the respondent from 1 October 2012 until 1 October 2018, the latter date being that upon which his employment was brought to an end for substandard performance pursuant to section 79 Public Sector Management Act 1994. 2 The Full Bench of the