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 …
concept: unfair_dismissal_wakeyword matchleading authoritycited by appellate ×5
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 …
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 …
concept: unfair_dismissal_wakeyword matchleading authoritycited by appellate ×3
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 …
ClaimUnfair dismissal (WA) · Dismissal for misconduct
MatchFairness in extension of time matters has a legislative starting point in Parliament's choice that 28 days is a sufficient period in the public interest for commencement of unfair dismissal claims. The longer the delay, the more difficult it will be to show unfairness, but even in long delays particular circumstances may reveal unfairness of rejection.
In text … his application. (2) ORDERS that the application be dismissed. (Sgd.) S M MAYMAN, [L.S.] Commissioner. 2013 WAIRC 00411 WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION PARTIES IAN …
ClaimUnfair dismissal (WA) · Time limits for filing via Extension of time to file
[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 …
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)
MatchAn appeal under s23B is characterised as a rehearing appeal but not a rehearing de novo. The appellate tribunal cannot ignore irregularities as to statutory requirements that indicate necessary preconditions to the exercise of power have not been satisfied, even if statutory preconditions were satisfied.
In text … 18 The first basis for relief relied upon sought to involve what
may loosely be described as the then general "unfair dismissal"
jurisdiction of
the WAIRC …
ClaimUnfair dismissal (WA) · Dismissal for unsatisfactory performance
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 …
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 …
ClaimUnfair dismissal (WA) · Abuse of process via Public Service Appeal Board appeal (historical)
RatioThe WAIRC lacked jurisdiction to hear an unfair dismissal application against the Australian Municipal, Administrative, Clerical and Services Union (AMACSU) because AMACSU is a constitutional corporation (trading corporation) and therefore a national system employer under the...
In text … Unfair dismissal application - Respondent a trading corporation - Western Australian Industrial Relations Commission does not have jurisdiction - Application dismissed
Legislation : Commonwealth Constitution
Fair Work Act (Registered Organisations …
[2010] WAIRC 1111— The Director General, Department Of Education v The State School Teachers' Union Of Wa (Inc)
WAIRC — Single CommissionerAgainst applicant
Justice Honourable·2010-11-12·appellate 2×·
concept: unfair_dismissal_wakeyword match
RatioAlthough the appeal raises serious legal issues about the proper scope of interim orders under s 44(6)(ba)(ii) and whether Part 5 of the PSM Act applies to former employees, the stay should be dismissed because: (1) the appeal will not be rendered entirely nugatory if...
In text … 2010 WAIRC 01132 CatchWords Industrial Law – Termination of employment – claim of harsh, oppressive or unfair dismissal – Principles applied – Application dismissed – Industrial Relations Act 1979 ss 26 …
ClaimConciliation and arbitration powers · Public sector discipline via s44 referral of industrial matter (WA)
RatioThe appellant was employed as a survey party leader under a contract of employment separate from the professional training agreement (articles) he entered into with a nominated licensed surveyor. Although the professional training agreement formed an implied part of the...
In text … 2017 WAIRC 00301
CORAM :The Honourable J H Smith, Acting President
Chief Commissioner P E Scott
ACTING Senior Commissioner S J Kenner
HEARD : Wednesday, 29 March …