Benchmark WA Industrial Relations Case Database

Brock Delfante v North Metropolitan Health Service

[2020] WAIRC 113 Public Service Appeal Board (former) 2020-02-21 File: PSAB 25/2019
Source
Commissioner Emmanuel
Not yet cited by other cases
Appellant: Brock Delfante
Respondent: North Metropolitan Health Service

Ratio

The Public Service Appeal Board issued a direction setting procedural time limits for filing evidence outlines, documents, and written submissions in relation to a preliminary hearing on whether to accept an appeal out of time.

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 · 5

  • Appellant Brock Delfante appealed a disciplinary decision taken on 9 August 2019
  • Appeal was filed to the Public Service Appeal Board
  • Preliminary matter to be determined is whether to accept the appeal out of time
  • Respondent is North Metropolitan Health Service
  • Matter proceeding before Commissioner T Emmanuel

Concept tags · 4

[P]Public Service Appeal Board appeal (historical) [P]Extension of time to file [S]Public sector discipline [S]Witness outline timing & scope
Archived text (203 words)
APPEAL AGAINST THE DECISION TO TAKE DISCIPLINARY ACTION ON 9 AUGUST 2019 WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION PARTIES Brock Delfante APPELLANT -v- North Metropolitan Health Service RESPONDENT CORAM Commissioner T Emmanuel DATE FRIday, 21 February 2020 FILE NO. PSAB 25 OF 2019 CITATION NO. 2020 WAIRC 00113 Result Direction issued Representation Appellant In person Respondent Ms C Drew (as agent) Direction HAVING heard from the appellant in person and Ms C Drew as agent on behalf of the respondent about programming the hearing of the preliminary matter of whether to accept the appellant’s appeal out of time, the Public Service Appeal Board, pursuant to the powers conferred under the Industrial Relations Act 1979 (WA), directs – THAT the appellant file his outlines of evidence and the documents on which he intends to rely by 5 March 2020. THAT the respondent file the outlines of evidence and documents on which it intends to rely by 19 March 2020. THAT the appellant file a written outline of his submissions by 26 March 2020. THAT the respondent file a written outline of its submissions by 2 April 2020. THAT the parties have liberty to apply. Commissioner T Emmanuel ON BEHALF OF THE PUBLIC SERVICE APPEAL BOARD