Le Nguyen and Commissioner of Police. No. PSAB 2 of 1997. PUBLIC SERVICE APPEAL BOARD COMMISSIONER R.N. GEORGE MR B. TEYMANT MS L. GRECH. 2 October 1997. Order. HAVING heard Mr E. Rea on behalf of the v Mr P. Kelly on behalf of the
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APPELLANT: Le Nguyen and Commissioner of Police. No. PSAB 2 of 1997. PUBLIC SERVICE APPEAL BOARD COMMISSIONER R.N. GEORGE MR B. TEYMANT MS L. GRECH. 2 October 1997. Order. HAVING heard Mr E. Rea on behalf of the
RESPONDENT: Mr P. Kelly on behalf of the
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Concept tags · 8
[P]Public Service Appeal Board appeal (historical)
[P]Public sector matter (general WAIRC jurisdiction post-PSAB)
[S]Unfair dismissal (WA)
[S]Unfair dismissal (federal)
[S]Wages — payment obligations
[S]Internal appeals (FB, FWCFB)
[S]Police / emergency services worker
[S]WA police officer (MCE Act applies)
Archived text (270 words)
WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION. Industrial Relations Act 1979. Thi Le Nguyen and Commissioner of Police. No. PSAB 2 of 1997. PUBLIC SERVICE APPEAL BOARD COMMISSIONER R.N. GEORGE MR B. TEYMANT MS L. GRECH. 2 October 1997. Order. HAVING heard Mr E. Rea on behalf of the Appellant and Mr P. Kelly on behalf of the Respondent, the Public Service Ap- peal Board, pursuant to the powers conferred on it under the Industrial Relations Act, 1979, hereby orders— THAT the Appeal be upheld and that the decision of the Respondent to dismiss the Appellant be adjusted on the following terms. 1. That the Appellant be offered re-employment under a new contract of employment within 7 days of the date of this Order. 2. That there be no entitlement to payment of wages between the date of dismissal and the date of re-em- ployment but in all other respects the services of the Appellant be deemed to be continuous. 3. That the Appellant be warned in writing that re-em- ployment is to be on the basis that any future transgression that would invoke the application of S.92 of the Public Sector Management Act 1994 or would result in a fundamental breach of the Appel- lant’s obligations under her contract of employment may lead to her dismissal. 4. That discretion be reserved to the Respondent for a period of 4 months from the date of this Order to transfer the Appellant under the provisions of S.86(3)(b)(ii) of the Public Sector Management Act, 1994 if such a course is deemed by the Respondent to be appropriate and practicable. (Sgd.) R.N. GEORGE, [L.S.] Commissioner.