Benchmark WA Industrial Relations Case Database

Karen Rotherham v Department of Biodiversity, Conservation and Attractions

[2021] WAIRC 597 Public Service Appeal Board (former) 2021-11-24 File: PSAB 22/2021
Source
Member Conway, Member Jozwicki
Not yet cited by other cases
Appellant: Karen Rotherham
Respondent: Department of Biodiversity, Conservation and Attractions

Ratio

The Public Service Appeal Board adjourned the appeal of a public sector termination decision to allow the parties to prepare agreed facts, witness evidence outlines, and submissions prior to a substantive hearing on the merits of the dismissal challenge.

Outcome

Resolved adjourned

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 · 5

  • Appellant Karen Rotherham appealed against her termination of employment by the Department of Biodiversity, Conservation and Attractions, dated 15 September 2021
  • The matter was heard on directions by the Public Service Appeal Board on 24 November 2021
  • Parties directed to file joint Statement of Agreed Facts by 15 December 2021
  • Parties directed to file witness evidence outlines and documents by 21 January 2022
  • Parties directed to file written submissions 14 days prior to hearing

Concept tags · 3

[P]Public sector matter (general WAIRC jurisdiction post-PSAB) [P]Public sector termination [S]Procedural fairness at dismissal stage
Archived text (220 words)
APPEAL AGAINST THE DECISION TO TERMINATE EMPLOYMENT DATED 15 SEPTEMBER 2021 WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION PARTIES Karen Rotherham APPELLANT -v- Department of Biodiversity, Conservation and Attractions RESPONDENT CORAM Commissioner T B Walkington – Chair Ms B Conway – Board Member Mr M Jozwicki – Board Member DATE Wednesday, 24 November 2021 FILE NO. PSAB 22 OF 2021 CITATION NO. 2021 WAIRC 00597 Result Direction Issued Representation Applicant Ms H Harper (as agent) Respondent Mr M McIlwaine (of counsel) Direction HAVING heard from Ms H Harper (as agent) on behalf of the appellant and Mr M McIlwaine (of counsel) on behalf of the respondent, the Public Service Appeal Board, pursuant to the powers conferred under the Industrial Relations Act 1979 (WA), hereby directs: 1. THAT the parties file a joint Statement of Agreed Facts by no later than Wednesday, 15 December 2021; 2. THAT the parties file and serve any outline of witness evidence and any documents upon which they intend to rely by no later than Friday, 21 January 2022; 3. THAT the parties file a written outline of submissions 14 days prior to the date of the hearing; 4. THAT the matter be listed for hearing on a date to be fixed, and; 5. THAT the parties have liberty to apply on short notice. Commissioner T B Walkington