John Quigley intervened in unfair dismissal case brought by Roger Cook’s ex-staffer Sanja Spasojevic

Deputy Premier Roger Cook was facing the prospect of interrogation under oath about his controversial sacking of a “loyal” and popular Labor staffer. But in a bizarre twist at the eleventh hour, that has now been obstructed by Attorney-General John Quigley who has intervened on behalf of the State to question the power of the Public Service Appeal Board to summons people to give evidence. That is despite the tribunal’s history of summonsing people in such cases. Mr Quigley didn’t answer specific questions from The West Australian about his extraordinary intervention, including whether he was using his powers as the State’s First Law Officer to protect his ministerial colleague. As revealed by The West Australian in March, long-time Labor staffer Sanja Spasojevic was sacked by Mr Cook in controversial circumstances last year. The axe fell on the same day he’d welcomed her back to his electorate office following a period in which she’d been working from home due to COVID-19. She claimed she was given no forewarning or explanation afterwards by Mr Cook for her “brutal” termination which was communicated by the Department of Premier and Cabinet on July 1. The sacking sent shock waves through the WA Labor Party because Ms Spasojevic was well known and highly regarded. During a 24-year career she had worked for Kim Beazley, Mark McGowan and other Labor politicians, receiving glowing references, before working for Mr Cook at his Kwinana electorate office for over nine years. Outside of work, Mr Cook was a frequent guest at her home where he enjoyed her family’s warm hospitality. Now she’s applied to subpoena him and several former colleagues and MPs in an unfair dismissal claim she’s brought before the Public Service Appeal Board. The Attorney-General applied on November 2 to intervene in the case, the same day her appeal was set to begin. At a directions hearing last week Ms Spasojevic’s barrister Michael Baldwin said he was “surprised” by the Attorney-General’s intervention. “From where we stand it’s a little unique,” he said. “This board has previously subpoenaed individuals and subpoenaed parliamentarians. It’s intriguing that it’s all of a sudden an issue that needs ventilating now,” he said. “I can’t identify the public interest argument.” Mr Quigley’s intervention had pushed back the programming of the case, Senior Commissioner Rachel Cosentino said. Ms Spasojevic’s appeal would now not be heard until next April at the earliest. “Our client’s under a great deal of pressure, she wants the matter heard at the earliest,” Mr Baldwin said. Although Ms Spasojevic worked for Mr Cook and took directions from him, like other MPs’ electorate staff, she was technically employed by the Speaker of the Legislative Assembly. Despite plenty of lawyers within the ranks of the State Solicitors Office at its disposal, the Government engaged an external senior counsel Mark Ritter to oppose Ms Spasojevic’s appeal. The government declined to disclose the cost to WA taxpayers of hiring Mr Ritter. Speaking after last week’s directions hearing, Ms Spasojevic said Mr Cook and the other witnesses she had sought to subpoena should not be given special treatment. “They are not above the law and are directly relevant to my employment matter,” she said. “Why wouldn’t they be required to testify like anyone else? What is there to hide? Roger Cook is the one person who can clarify the issues.” As revealed by this newspaper last year, it took four weeks after she was sacked for Ms Spasojevic to be provided with written reasons for her dismissal. She was told by a HR manager it was for taking unauthorised leave over Christmas. Ms Spasojevic told The West Australian she did fill out a leave form but claimed Mr Cook tore it up in front of her, along with the leave forms for two co-workers. She said it was a “customary and common practice” for WA Labor MPs to do this as a perk for electorate office staff at Christmas in acknowledgement of extra hours put in during the year. She said Mr Cook had done the same thing the previous year. Ms Spasojevic said at an earlier Board hearing Chief Commissioner Stephen Kenner had indicated Mr Cook would have to testify because he was “directly relevant to the matters central to my termination”. “Mr Cook is the only one that can say if he authorised my leave and if he tore up leave forms for me and my co-workers. My co-workers can also testify as to whether this was the case and whether this occurred,” she said. A State Government spokesman said Mr Quigley was acting “in the public interest” by intervening in the case. “The Attorney-General has a role in many jurisdictions to seek leave to make submissions, to assist in the proper interpretation of powers under Acts of Parliament,” he said. “It is not to argue the merits of either side’s case, but to act in the public interest to assist the court or tribunal with the law. “On questions of intervention, the Attorney always receives legal advice. The Attorney sought leave to intervene as to whether the Public Service Appeal Board generally has the power under its legislation to issue summonses in any cases. No witnesses have been summonsed in this case. “As this matter is yet to be concluded, it would be inappropriate for the Attorney to comment further.” During last week’s directions hearing Senior Commissioner Cosentino mentioned that one of the three board members presiding over the case, Matthew Hammond, was closely related “to a current MP in the Labor government.” She invited the respective parties to make it known whether they had concerns with Mr Hammond remaining. Mr Hammond is married to the member for Mirrabooka MP Meredith Hammat. Mr Hammond also works for the Department of Premier and Cabinet, which is opposing Ms Spasojevic’s appeal. Ms Spasojevic said she would seek to have Mr Hammond recused.