Byers v Director-General, Department of Justice

[2023] WASCA 43

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Industrial Law (WA)
2. › Prison officers
3. › Removal action
4. › Appeal to Industrial Relations Commission
5. › Appeal to Industrial Appeal Court
6. › Jurisdiction
7. › Whether appeal lies from dismissal of appeal by Commission
8. › Whether 'decision of the Commission under s 110E' requires finding that removal was harsh, oppressive or unfair
9. › Prisons Act 1981 (WA), ss 106, 110B, 110E
10. › Industrial Relations Act 1979 (WA), s 90
1. Industrial Law (WA)
2. › Industrial Relations Commission
3. › Decisions
4. › Distinction between decision and reasons for decision
5. › Whether minority commissioner's reasons constitute a 'decision'
6. › Industrial Relations Act 1979 (WA), ss 34, 35, 36, 90

Quick Take

A prison officer whose appeal against removal is dismissed by the Commission has no right of appeal to the Industrial Appeal Court under s 90 of the Industrial Relations Act 1979 (WA), as modified by s 110B of the Prisons Act 1981 (WA), because a dismissal is not a 'decision' under s 110E. The reasons of a dissenting commissioner do not constitute a 'decision' capable of enlivening the Court's appellate jurisdiction.

Case Details

Citation[2023] WASCA 43

CourtWASCA

JurisdictionWestern Australia

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Relies on5

2015Moran v The Commissioner of PoliceWASCA 245
2015Polizzi v Commissioner of PoliceWASCA 46
2014Landsheer v Morris Corporation (WA) Pty LtdWASCA 186
2012Wall v Commissioner of PoliceWASCA 170
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