Lucas Porcaro v Public Transport Authority of Western Australia, Deborah Hegarty, Steven Fisk
Commissioner Kucera
Not yet cited by other cases
Applicant: Lucas Porcaro
Respondent: Public Transport Authority of Western Australia, Deborah Hegarty, Steven Fisk
Ratio
The application was dismissed because the applicant failed to respond to the Commission's inquiries regarding his intention to proceed with the stop bullying application following his dismissal from employment and commencement of alternative damaging action proceedings in the Industrial Magistrates Court.
Outcome
Against applicant
dismissed
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 · 6
- Applicant filed Form 21 application for stop bullying order on 30 April 2025.
- Applicant was dismissed from employment on 6 May 2025.
- Respondent filed Form 1A on 7 May 2025 requesting the Commission refrain from dealing with the application.
- Applicant commenced a damaging action claim in the Industrial Magistrates Court under s 97A of the Industrial Relations Act 1979.
- Commission emailed the applicant on 28 May 2025 and 4 August 2025 requesting confirmation of intention to proceed or filing of discontinuance notice.
- Applicant did not respond to the Commission's emails.
Factors
For
Against
- Applicant was dismissed during the pendency of the stop bullying application, raising questions about the Commission's jurisdiction and whether it should continue.
- Applicant commenced alternative proceedings in the Industrial Magistrates Court under s 97A (damaging action claim).
- Applicant failed to respond to Commission's inquiries on two occasions (28 May and 4 August 2025) regarding intention to proceed or discontinue.
Legislation referenced
- Industrial Relations Act 1979 (WA) s 29(1)(e)
- Industrial Relations Act 1979 (WA) s 27(1)
- Industrial Relations Act 1979 (WA) s 97A
Concept tags · 4
Principles · 2
articulates para 10
Where an applicant has been dismissed from employment, and has commenced a 'damaging action claim' in the Industrial Magistrates Court, the Commission may refrain from dealing with a stop bullying application.
articulates para 11
If an applicant does not respond to Commission emails inquiring about their intention to proceed with an application or to file a Notice of Discontinuance, the Commission may dismiss the application.
Archived text (256 words)
STOP BULLYING ORDER
WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION
PARTIES Lucas Porcaro
APPLICANT
-v-
Public Transport Authority of Western Australia, Deborah Hegarty, Steven Fisk
RESPONDENT
CORAM Commissioner T Kucera
DATE Friday, 15 August 2025
FILE NO/S S 5 OF 2025
CITATION NO. 2025 WAIRC 00706
Result Application dismissed
Representation
Applicant Mr L Pocaro
Respondent Mr J Carroll of counsel
Order
WHEREAS the applicant on 30 April 2025 filed a Form 21 – Application for a Stop Bullying Order under s 29(1)(e) of the Industrial Relations Act 1979 (application);
WHEREAS the respondent dismissed the applicant from his employment on Tuesday, 6 May 2025 (applicant’s dismissal);
AND WHEREAS the respondent on Wednesday, 7 May 2025 filed a Form 1A – Application requesting the Commission should, in view of the applicant’s dismissal, exercise a power under s 27(1) the Industrial Relations Act 1979 to refrain from dealing with the application;
AND WHEREAS the Commissioner was advised the applicant had, in response to his dismissal commenced a ‘damaging action claim’ in the Industrial Magistrates Court under s 97A of the Industrial Relations Act 1979;
AND WHEREAS the Commission on Wednesday, 28 May and Monday, 4 August 2025 emailed the applicant to inquire on whether he intended to proceed with the application or to file a Form 1A - Notice of Discontinuance (Commission’s emails);
AND WHEREAS the applicant has not responded to the Commission’s emails;
NOW THEREFORE the Commission, pursuant to the powers conferred under the Industrial Relations Act 1979 (WA), hereby orders –
THAT the application be dismissed.
Commissioner T Kucera