Benchmark WA Industrial Relations Case Database

Dr Poh Kooi Loh v Ms Elizabeth MacLeodChief ExecutiveEast Metropolitan Health Service

[2017] WAIRC 290 Public Service Appeal Board (former) 2017-05-24 File: PSAB 5/2017
Source
Commissioner Chair, Member Jenkins, Member Warner
Not yet cited by other cases
Applicant: Dr Poh Kooi Loh
Respondent: Ms Elizabeth MacLeod, Chief Executive, East Metropolitan Health Service

Ratio

The Public Service Appeal Board made procedural orders to clarify the amended notice of appeal, obtain agreed facts, and determine its own jurisdiction on the papers via written submissions. The substantive termination dispute was adjourned pending resolution of a jurisdictional objection by the respondent.

Outcome

Resolved adjourned

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 · 3

  • Appellant was employed by East Metropolitan Health Service
  • Appellant's employment was terminated on 3 April 2017
  • Respondent (EMHS CEO) objected to the Public Service Appeal Board's jurisdiction

Legislation referenced

  • Industrial Relations Act 1979 (WA)

Concept tags · 6

[P]Public Service Appeal Board appeal (historical) [P]Public sector termination [P]Jurisdictional objection [S]Procedural fairness at dismissal stage [S]Public sector matter (general WAIRC jurisdiction post-PSAB) [M]Health care worker
Archived text (270 words)
APPEAL AGAINST THE DECISION TO TERMINATE EMPLOYMENT ON 3 APRIL 2017 WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION PARTIES Dr Poh Kooi Loh APPELLANT -v- Ms Elizabeth MacLeod Chief Executive East Metropolitan Health Service RESPONDENT CORAM PUBLIC SERVICE APPEAL BOARD Commissioner T Emmanuel - CHAIR DR I JENKINS - BOARD MEMBER MR M WARNER - BOARD MEMBER DATE Wednesday, 24 May 2017 FILE NO PSAB 5 OF 2017 CITATION NO. 2017 WAIRC 00290 Result Order issued Order HAVING heard Mr T Smetana (of counsel) on behalf of the appellant and Ms J van den Herik (as agent) on behalf of the respondent, the Public Service Appeal Board, pursuant to the powers conferred on it under the Industrial Relations Act 1979 (WA) orders – 1. THAT the appellant file and serve an amended Form 11 – Notice of appeal to Public Service Appeal Board by 8 June 2017. 2. THAT the respondent file and serve an amended Form 5 – Notice of answer by 22 June 2017. 3. THAT parties file a statement of agreed facts and bundle of agreed documents by 6 July 2017 4. THAT the respondent’s objection to the Board’s jurisdiction will be dealt with on the papers. 5. THAT the respondent will file and serve its submissions about jurisdiction by 20 July 2017. 6. THAT the appellant will file and serve its submissions about jurisdiction by 3 August 2017. 7. THAT the respondent will file and serve its submissions in reply, if any, by 10 August 2017. 8. THAT the parties have liberty to apply at short notice. Commissioner T Emmanuel ON BEHALF OF THE PUBLIC SERVICE APPEAL BOARD