Benchmark WA Industrial Relations Case Database

James Thomas Waterton v Department of Education of Western Australia

[2022] WAIRC 705 Single Commissioner (WAIRC) 2022-10-07 File: APPL 42/2021
Source
Commissioner Tsang
Not yet cited by other cases
Applicant: James Thomas Waterton
Respondent: Department of Education of Western Australia

Ratio

The Commission issued interlocutory directions in a public sector employment matter, including striking out paragraphs of the agreed facts, granting leave to amend the remedy sought, and setting procedural directions for discovery and evidence filing.

Outcome

Resolved other

Authority signal

Not yet cited by other cases Signal-weighted score: 0.0
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 · 3

  • Matter referred under Public Sector Management Act 1994
  • Paragraphs [10] to [18] of statement of agreed facts were in dispute
  • Applicant sought to amend the outcome, remedy or order sought in his referral

Legislation referenced

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

Concept tags · 7

[P]Public sector matter (general WAIRC jurisdiction post-PSAB) [S]Procedural fairness during workplace investigation [S]Public sector discipline [S]Interlocutory summary dismissal application [S]Joinder / amendment of parties [S]Discovery / inspection of documents [S]Witness outline timing & scope
Archived text (207 words)
REFERRAL OF A MATTER UNDER THE PUBLIC SECTOR MANAGEMENT ACT 1994 WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION PARTIES James Thomas Waterton APPLICANT -v- Department of Education of Western Australia RESPONDENT CORAM Commissioner C Tsang DATE Friday, 7 October 2022 FILE NO. APPL 42 OF 2021 CITATION NO. 2022 WAIRC 00705 Result Directions issued Representation Applicant Mr J Waterton (on his own behalf) Respondent Mr J Carroll (counsel) Direction HAVING heard from Mr J Waterton on his own behalf and Mr J Carroll (of counsel) on behalf of the respondent, the Commission, pursuant to the powers conferred under the Industrial Relations Act 1979, hereby directs – 1. THAT paragraphs [10] to [18] of the statement of agreed facts be struck out; 2. THAT the appellant have leave to amend the outcome, remedy or order sought in his Form 5 – Referral of a matter under the Public Sector Management Act 1994 by 3 November 2022; 3. THAT discovery be informal and to be concluded by 1 December 2022; 4. THAT the appellant file amended outlines of evidence and documents (other than the agreed documents) on which he intends to rely by 1 December 2022; and 5. THAT the parties have liberty to apply on short notice. Commissioner C Tsang