Benchmark WA Industrial Relations Case Database

Ms Sharon Hislop v Department of Education

[2015] WAIRC 817 Single Commissioner (WAIRC) 2015-08-21 File: APPL 122/2015
Source
Acting Senior Commissioner Scott
Not yet cited by other cases
Applicant: Ms Sharon Hislop
Respondent: Department of Education

Ratio

The Commission issued interlocutory directions to manage the conduct of the hearing, requiring exchange of documents, filing of witness statements, and setting a hearing date. The matter was not substantively determined but adjourned for full hearing with procedural directions by consent.

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 · 5

  • Referral pursuant to section 78(2) of the Public Sector Management Act 1994
  • Conciliation conference held on 23 July 2015
  • Parties agreed to exchange further documents following the conference
  • Applicant provided a Minute of Proposed Consent Orders by email on 14 August 2015
  • Matter set down for a two-day hearing on a date not before 29 September 2015

Legislation referenced

  • Public Sector Management Act 1994 s78(2)
  • Industrial Relations Act 1979

Concept tags · 6

[P]Public sector matter (general WAIRC jurisdiction post-PSAB) [P]Compulsory conference [S]Procedural fairness during workplace investigation [S]Discovery / inspection of documents [S]Witness outline timing & scope [S]Consent orders
Archived text (339 words)
REFERRAL TO COMMISSION UNDER THE PUBLIC SECTOR MANAGEMENT ACT 1994 WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION PARTIES Ms Sharon Hislop APPLICANT -v- Department of Education RESPONDENT CORAM Acting Senior Commissioner P E Scott DATE FRIday, 21 August 2015 FILE NO. APPL 122 OF 2015 CITATION NO. 2015 WAIRC 00817 Result Directions issued Representation Applicant Ms N Barsby of counsel Respondent Mr D Anderson of counsel Direction WHEREAS this is a referral pursuant to section 78(2) of the Public Sector Management Act 1994; and WHEREAS on 23 July 2015 the Commission convened a conference for the purpose of conciliating between the parties; and WHEREAS at the conclusion of that conference the parties agreed to exchange further documents; and WHEREAS by email on 14 August 2015 the applicant provided a Minute of Proposed Consent Orders in preparation for the hearing of the matter; and WHEREAS the Commission is of the opinion that the issuing of Directions will assist in the conduct of the hearing of the matter; NOW THEREFORE, the Commission, pursuant to the powers conferred on it under the Industrial Relations Act 1979, and by consent, hereby directs: 1. THAT on or before 7 September 2015 the parties exchange by way of informal discovery any documents upon which they intend to rely at hearing. 2. THAT on or before 14 September 2015 the applicant file and serve written witness statements of each witness she intends to call, constituting the whole of the evidence in chief of the witnesses. The witness statements are to annex any documents referred to by the witness. 3. THAT on or before 21 September 2015 the respondent file and serve written witness statements of each witness it intends to call, constituting the whole of the evidence in chief of the witnesses. The witness statements are to annex any documents referred to by the witness. 4. THAT the matter be set down for a two day hearing on a date not before 29 September 2015. 5. THAT there be liberty to apply. ACTING SENIOR COMMISSIONER P E SCOTT