MatchThe chief executive officer need not lay a formal disciplinary charge under Part X against a probationary prison officer; the chief executive officer may directly invoke the power under reg 5(4) to form the opinion that the officer is unsatisfactory or unsuitable and discharge the officer, without invoking the detailed disciplinary procedures of Part X.
In text … 91 For the foregoing reasons, the application is dismissed. 2013 WAIRC 00707 DISPUTE RE TERMINATION OF UNION MEMBER WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION PARTIES WESTERN AUSTRALIAN …
ClaimUnfair dismissal (WA) · Dismissal during probation (WA) via Jurisdictional objection
concept: probationary_dismissal_waconcept: unfair_dismissal_wakeyword match
MatchIn the context of a probationary dismissal, the key issue is whether it was unfair for the respondent to terminate the applicant's employment based on the applicant's conduct in accessing a restricted document without authorization and not immediately reporting the access.
In textUNFAIR DISMISSAL APPLICATION
WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION
CITATION : 2026 WAIRC 00251
CORAM :Commissioner T B Walkington
HEARD : Wednesday, 1 April 2026
DELIVERED : Friday, 24 April …
ClaimUnfair dismissal (WA) · Dismissal during probation (WA) via Discovery / inspection of documents
concept: probationary_dismissal_waconcept: unfair_dismissal_wakeyword match
MatchA probationary period is an opportunity to assess whether an employee's conduct reflects a compatible employment relationship which can be sustained in the long term.
In text … Termination of employment - Claim of harsh, oppressive or unfair dismissal - Applicant on probation - Applicant terminated for unacceptable and disrespectful communications and insubordination - Principles considered - Applicant not …
ClaimUnfair dismissal (WA) · Dismissal during probation (WA)
concept: probationary_dismissal_waconcept: probationary_employeekeyword match
MatchProbationary employment is a less secure basis of engagement than permanent employment; probation involves a process of putting to proof and is a period of testing or trial for the purpose of ascertaining whether a person has the necessary qualifications for a permanent appointment.
In text … After the period of probation, either party could terminate the contract on one months’ notice. That is, post probation, the employment was to be on a …
MatchFor a probationary employee with two weeks' service, reasonable notice of dismissal is one week.
In text … That is, a dismissal without a proper investigation or any investigation, dismissal without payment of any entitlements and dismissal without the payment of notice.
¶22 Does …
ClaimDismissal during probation (WA) · Notice of termination (statutory/contract)
concept: probationary_dismissal_waconcept: unfair_dismissal_wakeyword match
MatchThe question in discriminatory conduct cases is not whether the dismissal was fair, but whether a substantial reason for the discriminatory conduct was a prohibited reason, which necessarily involves inquiring into the state of mind of the decision-maker
In text … 2024 WAIRC 00782
CORAM : Commissioner T Emmanuel
HEARD : Monday, 27 May 2024, Tuesday, 28 May 2024, Wednesday, 29 May 2024 & Thursday, 30 May 2024
DELIVERED : TUESDAY …
concept: probationary_dismissal_waconcept: unfair_dismissal_wakeyword match
MatchProbation involves a process of putting to proof, testing or trial for the purpose of ascertaining whether a person has the necessary qualifications for a permanent appointment, and involves investigation and examination to determine compatibility.
In text … Industrial law (WA) - Termination of employment - Alleged harsh, oppressive and unfair dismissal - Dismissal occurred within period of probation - Dismissal not harsh, oppressive or unfair substantively or …
ClaimUnfair dismissal (WA) · Dismissal during probation (WA)
RatioA custodial officer dismissed by express reliance on reg 52A(2) of the Young Offenders Regulations 1995 (WA) does not have an appeal right under s 11CH of the Young Offenders Act, which applies only to removal as a result of removal action under s 11CC. The fact that the...
In text … dismissal are distinct concepts, even if the ultimate consequence is the same for the police officer concerned: Wayne Russell McGrath v Commissioner of Police [2005] WAIRC …
ClaimDismissal during probation (WA) · Public sector termination via Jurisdictional objection
concept: probationary_dismissal_waconcept: unfair_dismissal_wakeyword match
MatchA probationary period does not give an employer carte blanche authority to treat employees however they like; dismissal can be unfair even where it occurs during probation.
In text … Unfair dismissal claim - Proceeded in the absence of respondent - Applicant unfairly dismissed - Reinstatement and re-employment impracticable - Compensation ordered
Legislation : Industrial Relations Act 1979 s26
Result …
ClaimUnfair dismissal (WA) · Dismissal for unsatisfactory performance
concept: probationary_dismissal_waconcept: unfair_dismissal_wakeyword match
MatchA probationary prison officer discharged under reg 5(4) of the Prisons Regulations 1982 is not without remedy, as they retain the right to bring a claim for unfair dismissal in the Commission's general jurisdiction.
In text … unfair dismissal claim before the Commission in its general jurisdiction: Western Australian Prison Officers’ Union of Workers v The Minister for Corrective Services [2013] WAIRC 00706 …
ClaimDismissal during probation (WA) via Jurisdictional objection
MatchAn applicant may engage in misconduct in the course of an unfair dismissal application if they attempt to influence or interfere with witnesses; such misconduct may ground dismissal under s27(1)(a)(iv) of the IR Act (WA).
In textUNFAIR DISMISSAL APPLICATION
WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION
CITATION : 2024 WAIRC 00108
CORAM :Commissioner C Tsang
HEARD : Friday, 9 February 2024
DELIVERED : MONDAY, 18 MARCH 2024 …
ClaimUnfair dismissal (WA) · Abuse of process via Interlocutory summary dismissal application
MatchA probationary period of six months in an employment contract operates for a full six months from the date of commencement, not for a lesser period such as five months and one day, and the notice mechanism cannot extend the probationary period beyond the contractual six-month term.
In text … 2016 WAIRC 00828
CORAM :Commissioner D J Matthews
HEARD : Friday, 30 September 2016
DELIVERED : monday, 17 October 2016
FILE NO. : B 123 OF 2016
BETWEEN : Peter …
ClaimDismissal during probation (WA) · Denied contractual benefits (WA s29(1)(b))
concept: probationary_dismissal_waconcept: unfair_dismissal_wakeyword match
MatchThe Commission must exercise exceptional caution when considering a summary dismissal application under s 27(1)(a) and should never dismiss unless it is clear that there is no real question to be tried.
In text … There is no contention that the applicant was not dismissed.
Conclusion
¶26 The applicant was dismissed on notice, in accordance with the terms of the contract …
ClaimDenied contractual benefits (WA s29(1)(b)) via Interlocutory summary dismissal application
concept: probationary_dismissal_waconcept: unfair_dismissal_wakeyword match
MatchIn exercising discretion under s 27(1)(a) of the IR Act to dismiss or refrain from hearing a matter on public interest grounds, the Commission must have regard to s 26(1) and act according to equity, good conscience and the substantial merits of the case.
In text … Mr Belford’s unfair dismissal application to the Fair Work Commission was dismissed under the ‘double-dipping’ provisions in the Fair Work Act 2009 (Cth) because …
ClaimUnfair dismissal (WA) via Public sector matter (general WAIRC jurisdiction post-PSAB)
MatchWhere casual employment is on a shift-by-shift basis under separate and distinct contracts with no firm advance commitment to continuing work, the employment relationship ends by effluxion of time at the conclusion of each engagement, not by dismissal at the initiative of the employer.
In textUNFAIR DISMISSAL APPLICATION
WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION
CITATION : 2022 WAIRC 00692
CORAM :Senior Commissioner R Cosentino
HEARD : TUESDAY, 16 AUGUST 2022, Monday, 12 September 2022 …
[2013] WAIRC 130— Peter Evan John Morris v Lift Equipt Pty Ltd (Acn 125 331 848)
WAIRC — Single CommissionerAgainst applicant
Commissioner Harrison·2013-03-07·
concept: probationary_dismissal_wakeyword match
MatchOn a plain reading of contract terms, where a clause allowing termination during probation with either 4 weeks' notice or 2 weeks' pay in lieu is read in conjunction with a probationary period specification, this does not guarantee that the employee would be employed for the full period of the probationary period.
In text … 2013 WAIRC 00137 Result Dismissed Representation Applicant In person Respondent Mr Brian Johnston and Ms M Johnston Order HAVING HEARD the applicant on his own behalf …
MatchProbation and casual are not synonyms. An employee may be engaged on a permanent or ongoing employment contract and be on a period of probation.
In text … Pty Ltd (2000) 81 WAIG 311; and the appeal which was dismissed: [2001] WAIRC 02603; (2001) 81 WAIG 1149). This means that if Mr Parrella did …
concept: probationary_dismissal_waconcept: unfair_dismissal_wakeyword match
MatchThe statutory time limit of 28 days for bringing a claim of unfair dismissal should be complied with unless there is an acceptable explanation for the delay which makes it fair to accept a late claim. The Commission must be positively satisfied that the prescribed period should be extended.
In text … Claim of unfair dismissal made out of time dismissed
Representation:
Applicant : Ms A T Garlett
Respondent : Mr B Penzer
Case(s) referred to in reasons:
Rose …
ClaimUnfair dismissal (WA) · Time limits for filing via Extension of time to file
concept: probationary_dismissal_waconcept: unfair_dismissal_wakeyword match
RatioThe applicant was constructively dismissed when the respondent suspended her pending a fitness-for-work psychiatric assessment without providing specific details of conduct allegations, affording her procedural fairness, or demonstrating that her behaviour actually was...
In text … 9/8 Di Shaw lost 2 staff Exhibitions Officer leaving DS dismissed meeting. DS extended probation (Melinda) Kath not expecting that. DS does not listen. thinks …
[2012] WAIRC 713— Leon Stephen Cohen v Bill Doneski Trading As Clean Image Cleaning Services Wa
WAIRC — Single CommissionerFor applicant
Commissioner Kenner·2012-07-23·
concept: probationary_dismissal_waconcept: unfair_dismissal_wakeyword match
MatchUnfair dismissal and contractual benefits claims are separate and distinct causes of action; satisfaction of one by order does not necessarily satisfy the other.
In text … 2012 WAIRC 00803 Result Application dismissed Order WHEREAS this is an application pursuant to Section 29(1)(b)(ii) of the Industrial Relations Act 1979; and …