Benchmark WA Industrial Relations Case Database

The Civil Service Association of Western Australia Incorporated v Commissioner of Police, WA Police Service

[2019] WAIRC 21 Full Bench (WAIRC) 2019-01-30 File: FBA 7/2018
Source
Justice Honourable, Chief Commissioner Scott, Commissioner Matthews
Not yet cited by other cases
Treatment by later cases (1)
1 neutral
Appellant: The Civil Service Association of Western Australia Incorporated
Respondent: Commissioner of Police, WA Police Service

Ratio

The Full Bench upheld the appeal against the Public Service Arbitrator's dismissal of an application concerning a direction to a WA Police Service employee to be absent from duty. The decision varies the original order to require that the period of directed absence be treated and recorded as paid time rather than dismissing the application entirely.

Outcome

Resolved partial

Authority signal

Not yet cited by other cases Signal-weighted score: 0.8
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

  • Ms Tara-Jayne Richardson was a WA Police Service employee
  • She was directed on 22 December 2017 to be absent from duty
  • The direction covered the period from 22 December 2017 to 31 January 2018
  • The Civil Service Association of Western Australia Incorporated appealed a Public Service Arbitrator decision
  • The original decision dismissed the application

Factors

For
  • The appeal was brought on behalf of the employee's union (CSA)
Against

Concept tags · 7

[P]Public Service Appeal Board appeal (historical) [P]Public sector matter (general WAIRC jurisdiction post-PSAB) [P]Public sector discipline [P]WA police officer (MCE Act applies) [S]Procedural fairness at dismissal stage [S]Wages — payment obligations [S]Internal appeals (FB, FWCFB)

Subsequent treatment · 1

Cited / considered· 1

Cited
(2019) 99 WAIG 8 WAIRC — Full Bench — SCOTT COMMISSIONER D J MATTHEWS HEARD : MONDAY, 17 DECEMBER 2018 DELIVERED :...
Archived text (260 words)
WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION PARTIES THE CIVIL SERVICE ASSOCIATION OF WESTERN AUSTRALIA INCORPORATED APPELLANT -and- Commissioner of Police, WA Police Service RESPONDENT CORAM FULL BENCH The Honourable J H Smith, Acting President Chief Commissioner P E Scott Commissioner D J Matthews DATE WEDNESDay, 30 January 2019 FILE NO/S FBA 7 OF 2018 CITATION NO. 2019 WAIRC 00021 Result Appeal upheld; decision of Public Service Arbitrator varied Appearances Appellant Mr B Cusack and with him Ms D Larson Respondent Mr D Anderson, of counsel Order This appeal having come on for hearing before the Full Bench on 17 December 2018, and having heard Mr B Cusack and with him Ms D Larson on behalf of the appellant, and Mr D Anderson, of counsel, on behalf of the respondent, and reasons for decision having been delivered on 29 January 2019, the Full Bench, pursuant to the powers conferred on it under the Industrial Relations Act 1979, hereby orders that — 1. The appeal is upheld. 2. The decision of the Public Service Arbitrator given on 12 July 2018 in PSACR 5 of 2018 is varied by deleting the words 'THAT the application be and is hereby dismissed' and substituting the following order: THAT the direction given to Ms Tara-Jayne Richardson on 22 December 2017 to be absent from duty (in respect of the period from 22 December 2017 to 31 January 2018) be treated as, and recorded as, paid time (as if Ms Richardson had not been directed to not attend work in that period). By the Full Bench ACTING PRESIDENT