Benchmark WA Industrial Relations Case Database

Christopher Shane Maseyk v Department of Mines, Industry Regulation and Safety

[2022] WAIRC 633 Public Service Appeal Board (former) 2022-08-26 File: PSAB 35/2021
Source
Commissioner Chair, Member Brown, Member Chauhan
Not yet cited by other cases
Treatment by later cases (1)
1 neutral
Applicant: Christopher Shane Maseyk
Respondent: Department of Mines, Industry Regulation and Safety

Ratio

The Public Service Appeal Board granted the respondent's application for formal discovery orders in part, requiring the appellant to produce tax returns for specified financial years and invoices provided to the business by employees and/or contractors within 14 days.

Outcome

Resolved other

Authority signal

Not yet cited by other cases Signal-weighted score: 0.8
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 · 4

  • Appellant employed by Department of Mines, Industry Regulation and Safety
  • Employment terminated on 24 November 2021
  • Respondent applied for formal discovery orders
  • Appellant appears to have business interests with employees and/or contractors

Legislation referenced

  • Industrial Relations Act 1979 (WA)

Concept tags · 4

[P]Public Service Appeal Board appeal (historical) [P]Discovery / inspection of documents [S]Procedural fairness at dismissal stage [S]Public sector termination

Subsequent treatment · 1

Cited / considered· 1

Cited
(2022) 102 WAIG PSAB (former) — HAVING heard from Mr Power on behalf of the v Mr McIlwaine on behalf of the
Archived text (243 words)
APPEAL AGAINST THE DECISION TO TERMINATE EMPLOYMENT ON 24 NOVEMBER 2021 WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION PARTIES Christopher Shane Maseyk APPELLANT -v- Department of Mines, Industry Regulation and Safety RESPONDENT CORAM PUBLIC SERVICE APPEAL BOARD Commissioner T B Walkington - CHAIR MS L BROWN - BOARD MEMBER MS P CHAUHAN- BOARD MEMBER DATE FRIday, 26 August 2022 FILE NO PSAB 35 OF 2021 CITATION NO. 2022 WAIRC 00633 Result Application for formal discovery orders granted in part Representation Appellant Mr T Power (of counsel) Respondent Mr M McIlwaine (of counsel) Order HAVING heard from Mr Power on behalf of the appellant and Mr McIlwaine on behalf of the respondent, the Public Service Appeal Board, pursuant to the powers conferred under the Industrial Relations Act 1979 (WA), hereby orders: 1. THAT the respondent’s application for formal discovery orders be, and by this order is, granted in part as follows: 2. THAT within 14 days of the date hereof, the appellant discover and produce to the respondent tax returns of the Business for the financial years ending 30 June 2021 and 30 June 2022, if and when they are available; and 3. THAT within 14 days of the date hereof, the appellant discover and produce to the respondent all invoices provided to the Business by employees and/or contractors of the Business for the financial years ending 30 June 2020 and 30 June 2021. Commissioner T B Walkington ON BEHALF OF THE PUBLIC SERVICE APPEAL BOARD