The Commissioner of Police of Western Australia v AM

The Commissioner of Police of Western Australia sought to appeal a decision made by the Industrial Relations Commission of Western Australia, which had found in favour of an employee, AM, in a case of unfair dismissal. The Commissioner's appeal was based on a number of grounds, but primarily on the argument that the Commission had erred in law by failing to properly apply the principles of natural justice. The Court of Appeal was asked to determine whether it had jurisdiction to hear the appeal and, if so, whether the appeal should be allowed.

The legal issue before the Court was whether it had jurisdiction to hear the appeal, given that the grounds of appeal did not strictly comply with the requirements of section 90 of the Industrial Appeals Act 1979 (WA). The Commissioner argued that the Court had jurisdiction to determine the appeal on its merits, while AM submitted that the Court had no jurisdiction to hear non-conforming grounds of appeal. The Court had to consider whether the grounds of appeal were sufficient to confer jurisdiction on the Court, and if not, whether it could nevertheless consider the appeal on its merits.

The Court held that it did not have jurisdiction to hear the appeal because the grounds of appeal did not conform to the requirements of section 90 of the Industrial Appeals Act 1979 (WA). The Court noted that the grounds of appeal did not specifically identify the errors of law that the Commissioner believed the Commission had made, and as such did not comply with the strict requirements of the Act. The Court held that it was not appropriate to consider the appeal on its merits, as this would amount to an expansion of the grounds of appeal beyond what was permissible under the Act. The Commissioner's appeal was therefore dismissed.

The Court did not make any orders in relation to the appeal, as it had held that it did not have jurisdiction to hear it. The decision of the Industrial Relations Commission of Western Australia remained in place, and AM was entitled to the relief that had been granted to them.