James Thomas Waterton v Department of Education of Western Australia
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,
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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
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