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
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
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)
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 …
[2009] WAIRC 1108— The Registrar v Mr Phil Woodcock The Australian Rail, Tram And Bus Industry Union Of Employees, Western...
WAIRC — Single CommissionerFor applicant
The Honourable M T Ritter·2009-10-01·cited 3×·appellate 2×·
keyword match
RatioThe Union failed to conduct elections for its governing bodies in accordance with its rules. An interim executive was appointed by consent to regularise the Union's operations and enable it to make valid decisions on behalf of its members while proper elections are arranged.
In text … 2009 WAIRC 01102 CatchWords Unfair dismissal - Probationary Employment - Industrial Relations Act 1979, s.29(1)(b)(i) Result Dismissal unfair; compensation awarded Representation Applicant Ms K …
MatchCompensation for unfair dismissal ordered by a tribunal is an 'eligible termination payment' within the meaning of s27A(1) of the Income Tax Assessment Act 1936 (Cth) because it is made in consequence of the termination of employment.
In textCitation : [2005] WAIRC 1309 File No : FBA 1 of 2005 Result : Appeal dismissed Catchwords: Appeal - Award of compensation for unfair dismissal - Effect of taxation upon award …
RatioAn application for unfair dismissal lodged 62 days outside the 28-day statutory time limit under s29(2) of the Industrial Relations Act 1979 (WA) should be accepted as out of time because: (1) the applicant had an acceptable explanation for the delay arising from conflicting...
In text … 2015 WAIRC 00307
CORAM :Commissioner J L Harrison
HEARD : Tuesday, 24 February 2015
DELIVERED : wednesday, 15 APRIL 2015
FILE NO. : U 185 OF 2014
BETWEEN : Yvonne …
ClaimUnfair dismissal (WA) · Time limits for filing via Extension of time to file
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 …
MatchProbationary periods for Police Auxiliary Officers are nine months duration, extendable by up to a further three months to a maximum of 12 months, with assessment of performance, efficiency and conduct, and automatic permanent appointment if no written notification is given prior to expiry.
In text … PART B – CONTRACT OF EMPLOYMENT AND DISPUTE SETTLEMENT
Clause 8 – Probation
(1) Period of Probation:
(a) All Employees appointed to the position of Police Auxiliary Officer …
MatchThe test for determining whether a person is an employee or independent contractor is a multi-factor test that considers: control (actual and right to exercise), ability to work for others, place of work and advertising, provision of tools and equipment, capacity to delegate, mode of remuneration, tax deductions and ABN requirements, integration into the...
In text … 2016 WAIRC 00124
CORAM :Commissioner S J Kenner
HEARD : Monday, 21 December 2015
DELIVERED : THURSDAY, 3 MARCH 2016
FILE NO. : B 169 OF 2015
BETWEEN : Mr …
ClaimEmployee v independent contractor · Multi-factor / totality of relationship test
[2007] WAIRC 1270— Julie-Anne Friessbourg v William Thomas John Valli
WAIRC — Full BenchFor applicant
The Honourable M T Ritter·2007-11-30·
concept: unfair_dismissal_wakeyword match
RatioThe Acting President granted a stay of the decision allowing the respondent's out-of-time extension application under s29(3) of the Industrial Relations Act 1979 (WA) pending determination of the appeal to the Full Bench. Although delay in seeking the stay was a relevant...
In text … Friessbourg [2007 WAIRC 00612] (Decision). 2. In the Decision Commissioner Wood granted the Respondent’s extension of time application to lodge his unfair dismissal claim under …
MatchA written offer of employment setting out identity of parties, position, commencement date, remuneration, probationary period, and notice of termination, accepted by an employee, constitutes a written contract of employment with legal effect, even though it references applicable industrial agreements.
In text … 2018 WAIRC 00329
CORAM :PUBLIC SERVICE ARBITRATOR
Commissioner T Emmanuel
HEARD : Tuesday, 20 March 2018, Wednesday, 21 March 2018, Tuesday, 10 April 2018 and Monday, 23 …
concept: probationary_dismissal_waconcept: unfair_dismissal_wakeyword match
RatioThe Commission, sitting as Public Service Arbitrator, registered the Main Roads APEA Enterprise Bargaining Agreement 2015 as an industrial agreement under the Industrial Relations Act 1979 (WA), replacing the previous 2012 agreement, with operation from the date of...
In text … The provisions of this paragraph shall also apply to an employee who is dismissed unless the misconduct for which the employee has been dismissed occurred prior …
ClaimRegistered industrial agreement (WA) via Public sector matter (general WAIRC jurisdiction post-PSAB)
[2008] WAIRC 1393— The Registrar Of The Western Australian Industrial Relations Commission v Liquor, Hospitality And...
WAIRC — Full BenchFor applicant
Acting President Senior, Commissioner Smith, Commissioner Wood·2008-09-11·cited 2×·appellate 1×·
keyword match
RatioThe respondent union contravened orders of the Commission by failing to direct its HSA members to comply with an order to lift a work ban on Code Black participation, and by failing to lift the ban itself. The contraventions were deliberate and wilful, despite the union's...
In text … 2008 WAIRC 01393 CORAM : THE HONOURABLE M T RITTER, ACTING PRESIDENT SENIOR COMMISSIONER J H SMITH COMMISSIONER S WOOD HEARD : MONDAY, 21 JULY 2008 FINAL WRITTEN …
ClaimConciliation and arbitration powers · Protected industrial action via s44 referral of industrial matter (WA)
RatioThe definition of "continuous service" in Regulation 3 of the Public Sector Management (Redeployment and Redundancy) Regulations 2014 incorporates the deeming provisions of the Wages Employees Long Service Leave General Order, including service with another State or the...
In text … 2018 WAIRC 00319
CORAM :Senior Commissioner S J Kenner
HEARD : Monday, 12 February 2018, Thursday, 10 May 2018
DELIVERED : MONday, 28 May 2018
FILE NO. : APPL …
ClaimAward interpretation — principles · Public sector termination via Public sector matter (general WAIRC jurisdiction post-PSAB)
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 …
The Honourable M T Ritter·2007-08-31·appellate 1×·
keyword match
RatioA stay of proceedings pending an appeal against a decision dismissing an adjournment request is warranted where: (1) the jurisdictional hearing would proceed before the appeal is determined, rendering the appeal nugatory; (2) the grounds of appeal are reasonably arguable; and...
In text … 2007 WAIRC 01011 87 W.A.I.G. WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 2589 Result Dismissed Order WHEREAS this is an application for a new award filed …
RatioThe Commission, by consent of both parties, registered the Main Roads - CSA - Enterprise Agreement 2015 as an industrial agreement under s41 of the Industrial Relations Act 1979 (WA), and cancelled the predecessor 2012 Agreement. Registration was granted without substantive...
In text … The provisions of this paragraph shall also apply to an employee who is dismissed unless the misconduct for which the employee has been dismissed occurred prior …
[2007] WAIRC 195— The Registrar v The West Australian Hairdressers And Wigmakers Employees' Union Of Workers
WAIRC — Full BenchFor applicant
Acting President Senior, Commissioner Smith, Commissioner Harrison·2007-03-06·
keyword match
RatioThe Full Bench granted both applications: (1) the alteration of the SDA's rules to include hairdressers and wigmakers within its constitutional coverage, and (2) the cancellation of the HWEU's registration, with cancellation effective upon the registration of the SDA's rule...
In text … 2007 WAIRC 00159 Decision Application dismissed Appearances Appellant Mr T Caspersz (of Counsel), by leave Respondent Mr T Borgeest (of Counsel), by leave Order This application …