WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION CITATION : 2018 WAIRC 00849 CORAM : PUBLIC SERVICE APPEAL BOARD COMMISSIONER D J MATTHEWS- CHAIRMAN MR G BROWN - BOARD MEMBER MS M MCHUGH - BOARD MEMBER HEARD : WEDNESDAY, 24 OCTOBER 2018 DELIVERED : WEDNESDAY, 24 OCTOBER 2018 FILE NO. : PSAB 7 OF 2018 BETWEEN : MEGAN SCHMIDT Appellant AND MR GRAHAME SEARLE DIRECTOR GENERAL DEPARTMENT OF COMMUNITIES Respondent CatchWords : Appeal against decision to terminate - Appeal never served on respondent nor any other formal action taken - Application dismissed for want of prosecution Legislation : Result : Appeal dismissed Representation: Counsel: Appellant : No appearance Respondent : Ms A Gillespie as agent Reasons for Decision (Given extemporaneously at the conclusion of the proceedings taken from transcript as edited by the Commission) 1 In this matter the Board has before it a notice of appeal filed on 3 April 2018. No declaration of service was ever provided to the Registry for the Board, despite, the file reveals, repeated invitations for the appellant to provide one. 2 That means that there is no evidence before the Board that the respondent was ever served with the notice of appeal. Ms Gillespie, for the respondent, who has kindly appeared today on behalf of the respondent, informs that there has been no service of the notice of appeal. 3 Not only is there no evidence before the Board that the notice of appeal was ever served upon the respondent, the Board has been informed by the respondent that is has not, in fact, ever been served with it. 4 Other than the filing of the notice of appeal, it would appear that the appellant has taken no other action whatsoever in relation to this matter. In terms of contact from the Board, which has been through persons holding the role of Associate to me, there has been no contact from the appellant in relation to this matter since 25 June 2018. 5 Because of the failure of the appellant to prosecute her appeal, by which I mean the failure to serve the appeal or do anything else formally in relation to it, this matter was set down for a hearing at which the appellant was to show cause why the matter ought to proceed given the lack of activity in relation to it. 6 The Board is aware from records held that the notice of hearing went to the address that the appellant nominated in the notice of appeal as that upon which she ought be served with documentation. 7 So the Board, being satisfied that the appellant was aware of today’s hearing and that the appellant, other than filing the notice of appeal, has taken no other action in relation to the appeal, will, by order, dismiss the appeal for want of prosecution. 98 W.A.I.G. WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 1351 2018 WAIRC 00815 APPEAL AGAINST THE DECISION TO TERMINATE EMPLOYMENT ON 9 MARCH 2018