Benchmark WA Industrial Relations Case Database

A v Minister for Corrective Services

[2022] WAIRC 147 Single Commissioner (WAIRC) 2022-04-11 File: APPL 8/2022
Source
Commissioner Emmanuel
Not yet cited by other cases
Applicant: A
Respondent: Minister for Corrective Services

Ratio

The respondent's decision to change the applicant's suspension from full pay to without pay was set aside pursuant to a referral under s29(1)(b) of the Industrial Relations Act 1979 (WA). The order took effect by consent from 4pm on 29 April 2022.

Outcome

Resolved partial

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 · 4

  • The applicant was suspended from employment.
  • On 19 November 2021, the respondent changed the applicant's suspension from full pay to without pay.
  • The applicant challenged this decision by referral under s29(1)(b) of the Industrial Relations Act 1979 (WA).
  • The parties agreed to consent orders setting aside the decision with a deferred commencement date.

Factors

For
  • The applicant's challenge to the change in suspension status from full pay to without pay
Against

Legislation referenced

  • Industrial Relations Act 1979 (WA) s29(1)(b)
  • Public Sector Management Act 1994 (WA) s78(2)

Concept tags · 5

[P]Denied contractual benefits (WA s29(1)(b)) [P]Public sector matter (general WAIRC jurisdiction post-PSAB) [P]Public sector discipline [S]Wages — payment obligations [S]Consent orders

Cases cited in this decision · 1

Cited
[2022] WAIRC 143 — A v Minister for Corrective Services
"…2022 FILE NO/S APPL 8 OF 2022 CITATION NO. 2022 WAIRC 00147 Result Order issued Representation Applicant Mr C Fordham (of counsel) Respondent Mr S Pack (of counsel) Order WHEREAS on Friday, 8 April 2022 the...…"
Archived text (309 words)
REFERRAL OF A MATTER PURSUANT TO S 29(1)(B) OF THE INDUSTRIAL RELATIONS ACT 1979 (WA) AS PROVIDED FOR IN S 78(2) OF THE PUBLIC SECTOR MANAGEMENT ACT 1994 (WA) WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION PARTIES APPLICANT APPLICANT -v- Minister for Corrective Services RESPONDENT CORAM Commissioner T Emmanuel DATE MOnday, 11 April 2022 FILE NO/S APPL 8 OF 2022 CITATION NO. 2022 WAIRC 00147 Result Order issued Representation Applicant Mr C Fordham (of counsel) Respondent Mr S Pack (of counsel) Order WHEREAS on Friday, 8 April 2022 the Commission issued the reasons for decision [2022] WAIRC 00143 in this application; AND WHEREAS the same day, the Commission sent a minute of proposed order to the parties proposing to order: THAT the respondent’s decision dated 19 November 2021 to change the applicant’s suspension from being on full pay to being without pay be set aside. AND WHEREAS on 11 April 2022 the parties conferred and proposed instead that the Commission make two orders to give effect to the reasons for decision, being: 1. THAT the respondent's decision dated 19 November 2021 to change the applicant's suspension from being on full pay to being without pay be set aside; and 2. THAT order (1) above is to come into effect at 4pm on Friday 29 April 2022. NOW THEREFORE, having heard from Mr C Fordham (of counsel) on behalf of the applicant and Mr S Pack (of counsel) on behalf of the respondent, in those circumstances and by consent, the Commission, pursuant to the powers conferred under the Industrial Relations Act 1979 (WA), orders – 1. THAT the respondent's decision dated 19 November 2021 to change the applicant's suspension from being on full pay to being without pay be set aside; and 2. THAT order (1) above is to come into effect at 4pm on Friday 29 April 2022. Commissioner T Emmanuel