Appeals under Part IIA Division 2 are not appeals in the narrowest sense but rather involve a hearing de novo, where the Board has greater scope to substitute its view for that of the employer based on evidence adduced, though the onus remains on the appellant to persuade the Board to interfere with the employer's decision.

The use of the term 'appeal' in the Industrial Relations Act 1979 (WA) does not completely characterise the process, as appeals can take a variety of forms depending on the scheme established by the particular statute.

The jurisdiction of the Public Service Appeal Board is limited to hearing and determining an appeal by a government officer from a decision to dismiss and to adjust that decision. The Board does not have power to go beyond adjustment of the decision or to grant compensation as such.

An order to sponsor for migration purposes would not be an adjustment of a decision to dismiss but rather a super-addition of a new consequence, and is therefore outside the Board's jurisdiction.

An appeal to the Public Service Appeal Board in a termination case is in the nature of a hearing de novo, giving the Board greater scope to substitute its view on the merits based on the evidence led, though the employer's decision is not to be ignored.

The Public Service Appeal Board has broader powers to dismiss a matter under s27(1)(a) of the Industrial Relations Act than an industrial magistrate, and is not confined to circumstances where it is clear there is no real question of fact or law to be tried.

A notification by the Public Sector Commissioner to a Director General of a classification decision does not constitute a reviewable 'decision' by the Director General capable of review under s80I(1)(a) of the Industrial Relations Act 1979 (WA) where the Director General plays no active role in making the classification determination.

The Public Service Appeal Board is a constituent authority of the Commission but does not have all of the Commission's jurisdiction and powers; the Board's jurisdiction is limited to that conferred by s80I of the IR Act.

The Board's jurisdiction to adjust an employer's decision is conferred by s80I(1)(d) IR Act, which requires establishment of a dismissal as a jurisdictional fact.

The jurisdiction of the Public Service Appeal Board under s80I(1)(a) extends to former public service officers who wish to appeal decisions relating to conditions of service that applied during their employment, including disciplinary matters.

No appeal lies to the Full Bench against a decision of the Public Service Appeal Board, as such a decision is not a decision of 'the Commission constituted by a Commissioner' for the purposes of s49(1) of the IR Act.

The abolition of the Public Service Appeal Board under the Industrial Relations Legislation Amendment Act 2024 (WA) did not alter the position that s49 limits appeals to decisions of 'the Commission constituted by a Commissioner'.