DISPUTE RE NOTICE GIVEN TO TERMINATE EMPLOYMENT OF UNION MEMBER WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION CITATION : 2017 WAIRC 00825 CORAM :Commissioner D J Matthews HEARD : Monday, 11 September 2017 DELIVERED : Monday, 18 September 2017 FILE NO. : C 28 OF 2017 BETWEEN : Western Australian Municipal, Administrative, Clerical and Services Union of Employees Applicant AND Community Living Association Inc. Respondent CatchWords : Industrial Law (WA) - Dispute over possible termination of employment - Employer entitled to continue disciplinary proceedings - Unless allegations baseless proceedings should not be interfered with Legislation : Industrial Relations Act 1979 (WA) s 44, s 44(6), (ba)(i) Result : Application dismissed Representation: Applicant : Ms B Tussler and with her Mr G Upham Respondent : Ms A Woods of counsel Solicitors: Respondent : DLA Piper Australia Case referred to in reasons: Civil Service Association of Western Australia Inc v. Director General of Department for Community Development [2002] WASCA 241 === REASONS FOR DECISION === ¶1 The applicant’s member, Mr Xiaomen Peng, was employed by the respondent as at the date of the conference held under section 44 Industrial Relations Act 1979, but had been informed that her employment was to end on 14 September 2017. ¶2 The application for a conference was brought by the applicant so that submissions could be made to the respondent as to why Ms Peng ought not be dismissed on 14 September 2017 and, if those submissions failed, to seek an order from me staying the decision to dismiss Ms Peng until the matter was fully heard and determined. ¶3 The respondent did not agree to countermand its decision and an order was sought from me. I declined to grant the order and these are my reasons for doing so. ¶4 An employer is entitled to commence disciplinary proceedings against an employee where it sees fit to do so and, unless the allegations made are demonstrated to be baseless, those proceedings ought to be allowed to conclude without interference by the Western Australian Industrial Relations Commission. (see Civil Service Association of Western Australia Inc v. Director General of Department for Community Development [2002] WASCA 241 at [20]). ¶5 There was no argument made to me that the allegations were baseless. ¶6 If the applicant or Ms Peng wish to contest the decision to dismiss there are avenues open to them to challenge that outcome and to raise the complaints they presently have. ¶7 Except in an extreme case, such as when allegations are baseless, it is appropriate for disciplinary proceedings to run their course and for any complaints to be aired later. ¶8 That the application seeks to have the Western Australian Industrial Relations Commission interfere with the proceedings before they have run their course in circumstances where there is no argument that the allegations are baseless is my main reason for dismissing it. ¶9 I note also that, even if that reason were absent, the applicant has not demonstrated that this matter is within section 44(6) (ba)(i) Industrial Relations Act 1979. ¶10 The submission that the orders sought are needed to “prevent the deterioration of industrial relations” was not a strong one and there was no request to lead evidence to support it. ¶11 The argument was not put higher than the impact on Ms Peng personally, which is not enough, in my view, to trigger the subparagraph. ¶12 The application is, for the reasons given above, dismissed.