Benchmark WA Industrial Relations Case Database

Kathleen Irwin v Director General, Department of Health

[2021] WAIRC 450 Public Service Appeal Board (former) 2021-08-03 File: PSAB 6/2021
Source
Senior Commissioner Chair, Member Abrahamson, Member Kelly
Not yet cited by other cases
Treatment by later cases (2)
2 neutral
Appellant: Kathleen Irwin
Respondent: Director General, Department of Health

Ratio

The Public Service Appeal Board granted a limited discovery application in relation to a public sector termination dispute, requiring production of documents concerning an audit of the respondent's records management system, records of the decision to proceed with discipline, and documents explaining the findings of misconduct against the appellant.

Outcome

Resolved other

Authority signal

Not yet cited by other cases Signal-weighted score: 1.6
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 Kathleen Irwin appealed against a decision to terminate her employment dated 27 January 2021
  • Appellant was employed by the Department of Health (respondent)
  • Dispute involved allegations of misconduct arising between November 2018 and February 2021
  • Appellant sought discovery of documents concerning an audit of the respondent's records management system dated around December 2019
  • Case proceeded before the Public Service Appeal Board as a public sector matter

Factors

For
  • Appellant sought documents to understand basis of disciplinary decision and misconduct findings
  • Documents were within respondent's control and relevant to the termination decision
  • Audit of records management system was proximate in time to the disciplinary matter
Against
  • Part of the broader discovery application (item 5) was dismissed
  • Board imposed strict timelines for production and inspection, suggesting some restraint on scope

Concept tags · 6

[P]Public Service Appeal Board appeal (historical) [P]Public sector termination [P]Discovery / inspection of documents [S]Dismissal for misconduct [S]Procedural fairness during workplace investigation [S]Public sector discipline

Principles · 1

articulates para 1
In a public sector termination appeal, the appellant is entitled to discovery of documents recording or reporting on audit outcomes and the decision-making process regarding disciplinary matters, where such documents are relevant to understanding the basis of misconduct findings.

Subsequent treatment · 2

Cited / considered· 2

Cited
(2021) 101 WAIG PSAB (former) — AIRC 00450 Result Order issued Representation Ms H Harper and with her Ms J...
Cited
(2021) 101 WAIG 54 PSAB (former) — MISSIONER R COSENTINO - CHAIR MR M ABRAHAMSON - BOARD MEMBER MS L KELLY -...
Archived text (310 words)
APPEAL AGAINST THE DECISION TO TERMINATE EMPLOYMENT DATED 27 JANUARY 2021 WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION PARTIES Kathleen Irwin APPELLANT -v- Director General, Department of Health RESPONDENT CORAM PUBLIC SERVICE APPEAL BOARD Senior Commissioner R Cosentino - CHAIR MR M ABRAHAMSON - BOARD MEMBER MS L KELLY - BOARD MEMBER DATE TUESDAY, 3 AUGUST 2021 FILE NO PSAB 6 OF 2021 CITATION NO. 2021 WAIRC 00450 Result Order issued Representation Appellant Ms H Harper and with her Ms J Moore Respondent Ms S Pack, of counsel Order HAVING heard from Ms H Harper and with her Ms J Moore on behalf of the appellant and Mr S Pack, of counsel, on behalf of the respondent, the Public Service Appeal Board, pursuant to the powers conferred on it under the Industrial Relations Act 1979 (WA), hereby orders – 1. THAT discovery is to be given by the respondent of: a. any documents recording or reporting on the outcome of an audit of the use of the respondent’s internal records management system dated in or around December 2019; b. any record of the decision to deal with the matter as a disciplinary matter against Ms Irwin dated between November 2018 and February 2021; and c. any documents explaining reasons for the findings of misconduct against Ms Irwin dated between November 2018 and February 2021; by the respondent filing and serving a list of those discoverable documents by 16 August 2021. 2. THAT the respondent make the documents specified in the list filed in accordance with Order 1 available for the appellant’s inspection from 16 August 2021. 3. THAT inspection of the documents shall be completed by 30 August 2021. 4. THAT the parties have liberty to apply. 5. THAT the appellant’s discovery application dated 11 June 2021 otherwise be dismissed. Senior Commissioner R Cosentino ON BEHALF OF THE PUBLIC SERVICE APPEAL BOARD