Benchmark WA Industrial Relations Case Database

Mr Leslie Magyar v Director General, Department of Education

[2020] WAIRC 871 Full Bench (WAIRC) 2020-10-27 File: FBA 10/2020
Source
Chief Commissioner Scott, Senior Commissioner Kenner, Commissioner Walkington
Not yet cited by other cases
Appellant: Mr Leslie Magyar
Respondent: Director General, Department of Education

Ratio

The Full Bench directed that the appeal be conducted in two stages: first addressing the preliminary matters of the appellant's application for an extension of time to file the appeal and to introduce fresh evidence, and second (if successful on preliminaries) addressing the merits of the appeal. Procedural directions were issued for filing and hearing of the preliminary issues.

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

  • Appeal filed under FBA 10 of 2020
  • Appellant seeks extension of time to file appeal
  • Appellant seeks to introduce fresh evidence
  • Matter relates to Department of Education employment

Concept tags · 3

[P]Extension of time to file [P]Reopening evidence [P]Internal appeals (FB, FWCFB)
Archived text (254 words)
WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION PARTIES MR LESLIE MAGYAR APPELLANT -v- Director General, Department of Education RESPONDENT CORAM FULL BENCH Chief Commissioner P E Scott Senior Commissioner S J Kenner Commissioner T B Walkington DATE Tuesday, 27 October 2020 FILE NO. FBA 10 OF 2020 CITATION NO. 2020 WAIRC 00871 Result Direction issued Representation Appellant Mr N Marsh of counsel Respondent Mr D Anderson of counsel Direction Having heard from Mr N Marsh of counsel on behalf of the appellant, and Mr D Anderson of counsel on behalf of the respondent, the Full Bench, pursuant to the powers conferred on it under the Industrial Relations Act 1979 (WA), hereby directs – THAT the appeal be conducted in a two-stage process, being: The appellant’s application for an extension of time in which to file the appeal and to introduce fresh evidence, be dealt with as preliminary issues; and If the appellant is successful in respect to both matters, the Full Bench will subsequently deal with the merits of the appeal. THAT the preliminary matters be heard at 2:15 pm on Tuesday, 24 November 2020. THAT the appellant is to file a written outline of submissions and list of authorities by no later than 14 days prior to the preliminary hearing. THAT the respondent is to file a written outline of submissions and list of authorities by no later than 7 days prior to the preliminary hearing. THAT the parties have liberty to apply on short notice. By the Full Bench CHIEF COMMISSIONER P E SCOTT