MatchThe employer, throughout the period of probation, retains the right to see whether he/she wants the employee in his/her employment.
In text … such that there was a decision to dismiss: Thomas v Chief Executive Officer, Ministry of Fair Trading [2001] WAIRC 04042; (2001) 81 WAIG 2957 at [24 …
ClaimDismissal during probation (WA) via Public Service Appeal Board appeal (historical)
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
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 …
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
In text … The learned Commissioner upheld the respondent's application to dismiss and orders were made accordingly: Myandran Subrayan v Lynwood Christian Church Inc [2025] WAIRC 00704; (2025 …
ClaimUnfair dismissal (WA) · Unfair dismissal (federal) via Jurisdictional objection
2026 WAIRC 00155— Jorg Arno Nottle v Director General of the Department of Justice
PSAB (former)Against applicant
Commissioner Walkington, Member Hayman, Member Hawkins·2026-03-18·source ↗
concept: probationary_dismissal_waconcept: probationary_employeekeyword match
RatioThe Board dismissed the appellant's application for discovery of six categories of employment documents on the grounds that the appellant failed to adequately explain how the documents were necessary for the fair disposal of the appeal or relevant to the key issues (whether...
In text … 2026 WAIRC 00155
CORAM :PUBLIC SERVICE APPEAL BOARD
COMMISSIONER T B WALKINGTON - CHAIRPERSON
MR M HAYMAN - BOARD MEMBER
MR B HAWKINS - BOARD MEMBER
HEARD : ON THE …
ClaimPublic Service Appeal Board appeal (historical)
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
2025 WAIRC 00780— Jorg Arno Nottle v Director General of the Department of Justice
PSAB (former)For applicant
Commissioner Chair, Member Hawkins, Member Hayman·2025-09-15·source ↗
concept: probationary_dismissal_wakeyword match
MatchA probationary employee can expect to be counselled and informed that they are not meeting required standards, to be given reasonable training, and to be warned of possible consequences of failure to improve. Provided this is done, a probationary employee would have little cause to complain if a decision is taken during or at the end of probation to...
In text … the following arguments as to why his dismissal was unfair:
(a) The Appellant was no longer on probation when he was purportedly discharged under reg 52A …
ClaimDismissal during probation (WA) via Public Service Appeal Board appeal (historical)
[2024] WAIRC 773— Mark Lawn v Director General, Department of Justice
PSAB (former)Against applicant
Member Brown, Member Brick·2024-08-16·cited 1×·source ↗
concept: probationary_dismissal_wakeyword match
MatchA probationary employee can expect to be counselled and informed they are not meeting required standards, to be given reasonable training, and to be warned of possible consequences of failure to improve; provided this is done, an employee who is on probation would have little cause to complain if dismissal occurs.
In text … Having considered the same material I am dismissing you from your employment whilst on probation with immediate effect.
Conclusion
¶167 For the preceding reasons, the Board …
ClaimDismissal during probation (WA) via Public sector matter (general WAIRC jurisdiction post-PSAB)
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
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 …
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 …
RatioThe Full Bench dismissed the appellant's appeal on all grounds. The first instance Commissioner's finding that the respondent was entitled to the $10,000 quarterly payment without performance conditions was correct on the evidence. There was no documentary or other evidence...
In text … The Applicant acknowledges he is on Probation in the new position. To state the obvious, probation is a period under which you are being monitored closely …
ClaimDenied contractual benefits (WA s29(1)(b)) via Internal appeals (FB, FWCFB)
RatioA dismissal may constitute genuine redundancy where duties are redistributed, but the manner in which the redundancy is effected can render it harsh, oppressive or unfair. Here, although the respondent's position of redistributing the applicant's duties to other employees...
In textUNFAIR DISMISSAL APPLICATION
WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION
CITATION : 2025 WAIRC 00805
CORAM :Commissioner T B Walkington
HEARD : Wednesday, 15 January 2025
DELIVERED : thursday, 25 September …
MatchWhere each shift constitutes a separate and distinct contract of employment, removal of the employee from the casual pool does not constitute a dismissal at law; instead, it is an administrative step confirming that no further shifts will be offered.
In textUNFAIR DISMISSAL APPLICATION
WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION
CITATION : 2025 WAIRC 00881
CORAM :Commissioner C Tsang
HEARD : Wednesday, 17 September 2025
DELIVERED : MONDAY, 27 OCTOBER 2025 …
RatioA denied contractual benefit claim succeeds in part. Although the respondent breached the applicant's contract by failing to pay a quarterly allowance of $10,000 for the April–June 2022 quarter, the applicant is not entitled to pro-rata payment for an incomplete quarter...
In text … 2024 WAIRC 00153
CORAM :Commissioner T Kucera
HEARD : Wednesday, 17 January 2024
DELIVERED : THURSday, 11 April 2024
FILE NO. : B 32 OF 2023
BETWEEN : Alain Trabelsi …
RatioAward variation application by consent was granted where the variations were necessary to reflect the statutory abolition of the Country High School Hostels Authority, add the Department of Education as employer, update job titles, introduce standard public sector union...
In text … Accrued annual leave shall be paid to an employee who is dismissed, unless the misconduct for which the employee has been dismissed occurred prior to the …
MatchIn a public sector disciplinary dismissal, the overarching test is whether the employer's right to terminate the contract of employment has been abused such as to render the exercise of that right unfair, applying the Miles v Federated Miscellaneous Workers' Union test.
In textUNFAIR DISMISSAL APPLICATION
WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION
CITATION : 2026 WAIRC 00165
CORAM :Commissioner C Tsang
HEARD : MONDAY, 13 OCTOBER 2025
TUESDAY, 14 OCTOBER 2025
WEDNESDAY …
ClaimUnfair dismissal (WA) · Public sector discipline
RatioThe Commission, exercising its s40B power, varied the Farm Employees Award 1985 to remove obsolete provisions, align conditions with the Minimum Conditions of Employment Act 1993 (WA) and federal Fair Work Act 2009 (Cth), eliminate discriminatory language, and modernise the...
In text … 2023 WAIRC 00262
CORAM :Senior Commissioner R Cosentino
HEARD : Monday, 1 May 2023
DELIVERED : MONDay, 8 May 2023
FILE NO. : APPL 58 OF 2022
BETWEEN : Commission …
RatioThe removal of the appellant from the Western Australian Police Force was not harsh, oppressive or unfair because the Commissioner of Police had reasonable grounds and a logical and sound basis to lose confidence in the appellant's integrity and honesty. The appellant made...
In text … See also McGrath v Commissioner of Police [2005] WAIRC 01989; (2005) 85 WAIG 2006.
¶76 It is well established that in both claims of unfair dismissal …