Public sector demotion
doctrinal
WA
ps_demotion_wa
branch: public_sector
Synthesis · 62 tagged cases
62 tagged decisions (7 as primary). Of primary decisions, the most common outcome is 'dismissed' (4, 57%).
Outcome distribution
| Outcome | n | % |
|---|---|---|
| Against applicant dismissed | 4 | 57% |
| Resolved partial | 2 | 29% |
| Resolved adjourned | 1 | 14% |
By jurisdiction
| Court | n |
|---|---|
| Fair Work Commission | 27 |
| Single Commissioner (WAIRC) | 17 |
| Public Service Appeal Board (former) | 8 |
| Fair Work Commission (Full Bench) | 7 |
| SASC | 1 |
| Fair Work Australia (Full Bench, former) | 1 |
| AIRC Full Bench (former) | 1 |
Key articulated principles · 2
para 33 — from [2024] WAIRC 967
PSAB (former)
An acting arrangement based on a higher duties allowance under an award does not constitute a new employment contract or appointment under the PSM Act; it is a temporary opportunity to perform higher duties with appropriate remuneration.
para 34 — from [2024] WAIRC 967
PSAB (former)
A demotion can amount to dismissal only if the parties enter into a new employment contract fundamentally different from the substantive or previous employment contract.
Leading cases · by citation count
| Citation | Court | Role | Cited |
|---|---|---|---|
| 2025 WAIRC 00253 | WAIRC — Single Commissioner | primary | 1 |
| [2020] WAIRC 246 | PSAB (former) | primary | 1 |
| [2022] WAIRC 848 | WAIRC — Single Commissioner | secondary | 6 |
| [1999] SASC 300 | SASC | secondary | 6 |
All tagged cases · 62
| Citation | Court | Role | Date | Outcome | Cited |
|---|---|---|---|---|---|
| 2025 WAIRC 00253 | WAIRC — Single Commissioner | primary | 2025-04-23 | Against applicant | 1 |
| [2020] WAIRC 246 | PSAB (former) | primary | 2020-05-05 | Against applicant | 1 |
| [2018] WAIRC 667 | PSAB (former) | primary | 2018-07-27 | Resolved | 0 |
| [2017] WAIRC 729 | PSAB (former) | primary | 2017-08-15 | Resolved | 0 |
| [2016] WAIRC 44 | PSAB (former) | primary | 2016-01-29 | Resolved | 0 |
| [2015] WAIRC 364 | WAIRC — Single Commissioner | primary | 2015-05-08 | Against applicant | 0 |
| [2013] WAIRC 1088 | PSAB (former) | primary | 2013-12-24 | Against applicant | 0 |
| [2022] WAIRC 848 | WAIRC — Single Commissioner | secondary | 2022-12-16 | Against applicant | 6 |
| [1999] SASC 300 | SASC | secondary | 1999-01-01 | 6 | |
| [2026] FWC 1835 | FWC | secondary | 2026-06-01 | 0 | |
| [2026] FWC 526 | FWC | secondary | 2026-01-01 | Against applicant | 0 |
| [2025] FWC 2631 | FWC | secondary | 2025-01-01 | For applicant | 0 |
| [2025] FWC 3583 | FWC | secondary | 2025-01-01 | 0 | |
| [2025] FWC 3757 | FWC | secondary | 2025-01-01 | 0 | |
| [2025] FWC 3879 | FWC | secondary | 2025-01-01 | 0 | |
| [2024] WAIRC 967 | PSAB (former) | secondary | 2024-11-12 | Against applicant | 0 |
| [2024] FWCFB 435 | FWC — Full Bench | secondary | 2024-01-01 | 0 | |
| [2024] FWC 789 | FWC | secondary | 2024-01-01 | 0 | |
| [2024] FWC 981 | FWC | secondary | 2024-01-01 | 0 | |
| [2024] FWC 1977 | FWC | secondary | 2024-01-01 | 0 | |
| [2024] FWC 2281 | FWC | secondary | 2024-01-01 | 0 | |
| [2024] FWC 3038 | FWC | secondary | 2024-01-01 | 0 | |
| [2024] FWC 3493 | FWC | secondary | 2024-01-01 | 0 | |
| [2023] WAIRC 781 | WAIRC — Single Commissioner | secondary | 2023-10-02 | For applicant | 0 |
| [2023] WAIRC 348 | WAIRC — Single Commissioner | secondary | 2023-06-29 | Against applicant | 0 |
| (2023) 103 WAIG 12 | WAIRC — Single Commissioner | secondary | 2023-03-21 | 0 | |
| [2023] FWC 1070 | FWC | secondary | 2023-01-01 | 0 | |
| [2023] FWC 1780 | FWC | secondary | 2023-01-01 | 0 | |
| [2023] FWC 2680 | FWC | secondary | 2023-01-01 | 0 | |
| [2023] FWCFB 142 | FWC — Full Bench | secondary | 2023-01-01 | 0 | |
| [2021] FWCFB 6023 | FWC — Full Bench | secondary | 2021-10-15 | 0 | |
| [2021] FWC 4733 | FWC | secondary | 2021-10-12 | 0 | |
| [2020] FWC 2157 | FWC | secondary | 2020-01-01 | 0 | |
| [2020] FWC 3710 | FWC | secondary | 2020-01-01 | 0 | |
| [2019] FWCFB 8678 | FWC — Full Bench | secondary | 2019-12-23 | 0 | |
| (2020) 100 WAIG 14 | PSAB (former) | secondary | 2019-11-04 | 0 | |
| [2019] WAIRC 309 | WAIRC — Single Commissioner | secondary | 2019-06-25 | Against applicant | 0 |
| [2019] FWC 4122 | FWC | secondary | 2019-01-01 | 0 | |
| [2018] FWC 1610 | FWC | secondary | 2018-01-01 | 0 | |
| [2017] FWCFB 4545 | FWC — Full Bench | secondary | 2017-09-25 | 0 | |
| (2016) 96 WAIG | PSAB (former) | secondary | 2016-10-13 | 0 | |
| (2017) 97 WAIG 2 | WAIRC — Single Commissioner | secondary | 2016-09-23 | 0 | |
| (2017) 97 WAIG 20 | WAIRC — Single Commissioner | secondary | 2016-09-23 | 0 | |
| [2016] FWCFB 3546 | FWC — Full Bench | secondary | 2016-05-31 | 0 | |
| (2015) 95 WAIG | WAIRC — Single Commissioner | secondary | 2015-07-07 | 0 | |
| [2015] FWCFB 2324 | FWC — Full Bench | secondary | 2015-04-02 | 0 | |
| (2012) 92 WAIG | WAIRC — Single Commissioner | secondary | 2011-11-09 | 0 | |
| [2011] FWAFB 1427 | FWAFB | secondary | 2011-03-04 | 0 | |
| FWC | secondary | 2006-11-01 | 0 | ||
| [2006] AIRCFB 4 | AIRCFB | secondary | 2006-10-09 | 0 | |
| FWC | secondary | 2004-11-16 | 0 | ||
| FWC | secondary | 2004-11-08 | 0 | ||
| FWC | secondary | 2004-09-02 | 0 | ||
| FWC | secondary | 2004-03-10 | 0 | ||
| FWC | secondary | 2004-01-15 | 0 | ||
| FWC | secondary | 2003-08-19 | 0 | ||
| (2002) 82 WAIG | WAIRC — Single Commissioner | secondary | 2002-08-23 | 0 | |
| (2001) 81 WAIG 2602 | WAIRC — Single Commissioner | secondary | 2001-08-30 | 0 | |
| (2001) 81 WAIG 2442 | WAIRC — Single Commissioner | secondary | 2001-07-18 | 0 | |
| (2000) 80 WAIG | WAIRC — Single Commissioner | secondary | 2000-11-03 | 0 | |
| (2000) 80 WAIG 4480 | WAIRC — Single Commissioner | secondary | 2000-07-25 | 0 | |
| (1990) 70 WAIG | WAIRC — Single Commissioner | secondary | 1990-01-01 | 0 |