Benchmark WA Industrial Relations Case Database

Michael Coe v Department of Education

[2021] WAIRC 30 Public Service Appeal Board (former) 2021-02-09 File: PSAB 37/2020
Source
Commissioner Emmanuel
Not yet cited by other cases
Appellant: Michael Coe
Respondent: Department of Education

Ratio

The Public Service Appeal Board issued directions on the papers to determine the preliminary jurisdictional question of whether the PSAB has power to hear an application concerning employee entitlements, ordering parties to file agreed facts, documents and written submissions according to a specified timetable.

Outcome

Resolved other

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

  • Appellant Michael Coe appealed against a decision not to pay employee entitlements
  • Appeal brought to the Public Service Appeal Board
  • Respondent is the Department of Education
  • The appeal raises a preliminary jurisdictional question concerning whether PSAB has power to determine the application

Concept tags · 2

[P]Public Service Appeal Board appeal (historical) [P]Jurisdictional objection
Archived text (202 words)
APPEAL AGAINST THE DECISION NOT TO PAY EMPLOYEE ENTITLEMENTS WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION PARTIES Michael Coe APPELLANT -v- Department of Education RESPONDENT CORAM Commissioner T Emmanuel DATE Tuesday, 9 February 2021 FILE NO. PSAB 37 OF 2020 CITATION NO. 2021 WAIRC 00030 Result Directions issued Representation Appellant In person Respondent Ms S Young (as agent) Direction Having heard from the appellant on his own behalf and from Ms S Young as agent on behalf of the respondent about programming the jurisdictional question of whether the Public Service Appeal Board can hear and determine this application, the Public Service Appeal Board, pursuant to the powers conferred under the Industrial Relations Act 1979 (WA), directs – 1. THAT the jurisdictional question be heard and determined on the papers; 2. THAT the parties file a statement of agreed facts and bundle of agreed documents by 9 March 2021; 3. THAT the respondent file written submissions by 23 March 2021; 4. THAT the appellant file written submissions by 8 April 2021; 5. THAT the respondent file any written submissions in reply by 22 April 2021; and 5. THAT the parties have liberty to apply. Commissioner T Emmanuel ON BEHALF OF THE PUBLIC SERVICE APPEAL BOARD