Benchmark WA Industrial Relations Case Database

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 …

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 …

MatchThe term 'impracticable' in s 23A of the Industrial Relations Act 1979 (WA) connotes that reinstatement or re-employment is not reasonably feasible or reasonably capable of being accomplished on the facts and circumstances of the particular case.

In text … 10 On 27 October 2014, the Union made an unfair dismissal application to the WAIRC in relation to Ms Vimpany's dismissal. 11 Commissioner Mayman heard …

RatioThe Full Bench found the Commissioner erred in law by implying a term regarding motor vehicle allowance without addressing the five conditions for implication (Codelfa test) and by failing to make findings on whether the contract was varied by oral agreement or whether a...

In text … 2015 WAIRC 00244 CORAM :The Honourable J H Smith, Acting President Chief Commissioner A R Beech Commissioner J L Harrison HEARD : Thursday, 22 January 2015; WRITTEN …

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 …

MatchReinstatement is the primary remedy afforded by the Act when dismissal is found to be unfair; the Commission should look to reinstatement unless there is good reason to do otherwise.

In text … The Full Bench after hearing the parties made an order that the appeal be dismissed ([2014] WAIRC 01368; (2014) 95 WAIG 13). One of the issues …

MatchThe assessment of compensation for injury caused by dismissal is not capable of precise calculation but is a matter for individual assessment considering the gravity of the employer's behaviour, and the level of effect or impact on the employee beyond normal distress.

In text … the dismissal. ¶3 Chief Commissioner Beech made an order to dismiss Mr Richards' claim for contractual benefits in B 188 of 2015 ([2016] WAIRC 00240; (2016 …

RatioThe appeal was dismissed under s27(1)(a)(iv) Industrial Relations Act 1979 because the appellant engaged in improper conduct by contacting the respondent's key witness and using intimidation and inducements to pressure her to change her evidence. Although the appellant sought...

In text … 2017 WAIRC 00714 CORAM :PUBLIC SERVICE APPEAL BOARD Commissioner D J Matthews - CHAIRMAN MS B CONWAY - BOARD MEMBER MR D SPIVEY - BOARD MEMBER HEARD : TUESDAY, 20 …

RatioWhere a public service officer is seconded to an external employer under s66 of the Public Sector Management Act 1994 (WA), their conditions of employment as a public service officer remain unchanged and they are bound to comply with s102 (prohibition on external employment...

In text … The appeal is otherwise dismissed. (Sgd.) THE HONOURABLE J H SMITH, Acting President, [L.S.] On behalf of the Public Service Appeal Board 2011 WAIRC 01042 …