Benchmark WA Industrial Relations Case Database

Deborah Harvey v Commissioner for Corrections, Department of Corrective Services

[2016] WAIRC 900 Public Service Appeal Board (former) 2016-11-30 File: PSAB 2/2015
Source
Senior Commissioner Chairman, Member Richards, Member Clissa
Not yet cited by other cases
Treatment by later cases (2)
2 neutral
Applicant: Deborah Harvey
Respondent: Commissioner for Corrections, Department of Corrective Services

Ratio

The Public Service Appeal Board dismissed the interlocutory application for want of jurisdiction, determining it lacked authority to hear the matter.

Outcome

Against applicant dismissed_jurisdiction

Authority signal

Not yet cited by other cases Signal-weighted score: 1.6
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 · 4

  • Appellant appealed decision to take disciplinary action on 29 January 2015
  • Appellant appealed decision to terminate employment on 10 March 2016
  • Appeals brought before the Public Service Appeal Board
  • Appellant employed by Commissioner for Corrections, Department of Corrective Services

Legislation referenced

  • Industrial Relations Act 1979 (WA)

Concept tags · 4

[P]Public Service Appeal Board appeal (historical) [P]Jurisdictional objection [S]Public sector discipline [S]Public sector termination

Subsequent treatment · 2

Cited / considered· 2

Cited
(2017) 97 WAIG PSAB (former) — l and with her Mr T Kucera of counsel Mr R Hooker of counsel and with him Mr...
Cited
(2017) 97 WAIG 2016 PSAB (former) — IRMAN MR G RICHARDS - BOARD MEMBER MR L CLISSA - BOARD MEMBER HEARD :...
Archived text (203 words)
APPEAL AGAINST THE DECISION TO TAKE DISCIPLINARY ACTION ON 29 JANUARY 2015 Appeal against the decision to terminate employment on 10 March 2016 WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION PARTIES Deborah Harvey APPELLANT -v- Commissioner for Corrections, Department of Corrective Services RESPONDENT CORAM PUBLIC SERVICE APPEAL BOARD Senior Commissioner S J Kenner - CHAIRMAN MR G RICHARDS - BOARD MEMBER MR L CLISSA - BOARD MEMBER DATE Wednesday, 30 November 2016 FILE NO PSAB 2 OF 2015, PSAB 2 OF 2016 CITATION NO. 2016 WAIRC 00900 Result Interlocutory application dismissed Representation Appellant Ms K Vernon of counsel and with her Mr T Kucera of counsel Respondent Mr R Hooker of counsel and with him Mr J Misso of counsel Order HAVING heard Ms K Vernon of counsel and with her Mr T Kucera of counsel on behalf of the appellant and Mr R Hooker of counsel and with him Mr J Misso of counsel on behalf of the respondent the Appeal Board, pursuant to the powers conferred on it under the Industrial Relations Act, 1979 hereby orders – THAT the interlocutory application be and is hereby dismissed for want of jurisdiction. Senior Commissioner S J Kenner ON BEHALF OF THE PUBLIC SERVICE APPEAL BOARD