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
RatioA summary dismissal for alleged incompetence is harsh and unfair where the employee did not misrepresent his current farming experience, the employer knew of his 34-year absence from full-time farming, no training was arranged, and the employee was given only one inadequate...
In text … I find that Mr Nicoletti’s summary dismissal of Mr Richards did involve yelling and coming into close proximity to him.
No agreed period of probation …
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 …
[2008] WAIRC 92— The Civil Service Association Of Western Australia Incorporated v ambiguous - application refused....
WAIRC — Full BenchAgainst applicant
Acting President Senior, Commissioner Smith, Commissioner Scott·
keyword match
RatioAn application to register an alteration to the CSA's membership rule must be refused because, although the applicant complied with the statutory and procedural requirements under s55(4), the proposed alteration introduces ambiguity and uncertainty into the membership rule....
In text … 2008 WAIRC 00091 Decision Application dismissed Appearances Applicant Mr W Claydon, industrial officer Objector Mr D Ellis, of counsel/senior industrial officer Order This matter having …
[2011] WAIRC 400— Lorraine Sheila Bennell v Department Of Education And Training
WAIRC — Single CommissionerAgainst applicant
Commissioner Kenner·2011-06-10·appellate 1×·
concept: unfair_dismissal_wakeyword match
MatchTo establish unfair dismissal under s 29(1)(b)(i), the applicant must demonstrate on the balance of probabilities that there has been an abuse of the respondent's lawful right to dismiss, such that the dismissal is rendered harsh, oppressive or unfair.
In text … 77 Accordingly, the application will be dismissed. 2011 WAIRC 00401 WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION PARTIES LORRAINE SHEILA BENNELL APPLICANT -v- DEPARTMENT OF EDUCATION AND TRAINING …
ClaimUnfair dismissal (WA) · Dismissal for misconduct
MatchAn employer's undisclosed subjective intention not to end the employment relationship is irrelevant; dismissal is determined by objective circumstances of what was communicated and done.
In textCitation : [2005] WAIRC 2073 Catchwords: Industrial law - Termination of employment contract - Dismissal unfair within meaning of Industrial Relations Act 1979 (WA) - Right to be heard - Capacity …
MatchReinstatement is the primary remedy for unfair dismissal under s23A. If reinstatement is found impracticable, the Commission must consider whether another position is available and suitable for re-employment. Only if both reinstatement and re-employment are impracticable may the Commission order compensation.
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 …
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 …
RatioThe Full Bench dismissed the appellant's appeal against a declaration that Dr Sieunarine was an ongoing employee. The Court held that the 1997 and 2000 letters of appointment, properly construed, created contracts of ongoing duration (not fixed-term), as neither expressly...
In text … 2019 WAIRC 00004
CORAM :The Honourable J H Smith, Acting President
Senior Commissioner S J Kenner
Commissioner D J Matthews
HEARD : Monday, 8 October 2018 AND …
[2013] WAIRC 294— parties considered - Whether terms of agreement uncertain considered - Price not agreed - Agreement to...
WAIRC — Single CommissionerResolved
2013-01-01·appellate 1×·
keyword match
RatioAn agreement to incorporate additional work (Gingin run) into an owner-driver contract was not binding because no essential term—the price to be paid—was agreed between the parties. The removal of signage from the truck was not a breach of an essential condition of the...
In textCitation : [2013] WAIRC 00294; (2013) 93 WAIG 637 File No. : RFT 13 of 2012 CatchWords : Industrial Law (WA) - Appeal against decision of single Commissioner sitting as …
ClaimRepudiation of employment contract · Award interpretation — principles
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 …
[2013] WAIRC 389— the parties that Mr Morris' terms v conditions of employment were set out in a comprehensive written...
WAIRC — Single CommissionerAgainst applicant
2013-01-01·appellate 1×·
concept: probationary_dismissal_wakeyword match
RatioThe Full Bench dismissed Morris's appeal against a costs order because: (1) the appeal was filed one day out of time and no prospects of success were demonstrated; (2) his underlying contractual benefits claim had no merit—the contract of employment clearly provided for a...
In text … 2014 WAIRC 00041 Result Appeal dismissed Appearances Appellant In person Respondent Ms M Johnston Order This appeal having come on for hearing before the Full Bench …
ClaimDenied contractual benefits (WA s29(1)(b)) · Time limits for filing via Extension of time to file
MatchThe Commission has no jurisdiction to hear unfair dismissal claims under s29(1)(b)(i) where the applicant's employer is a corporation. Being employed by a corporation places such claims beyond the Commission's jurisdiction.
In text … 2011 WAIRC 00116 Catchwords Termination of employment - Claims of harsh, oppressive or unfair dismissal - Summary dismissals - Principles applied - No misconduct justifying summary dismissal or dismissal on …
RatioThe retrospective part of an employment order (for the period 7 May 2004 to the date of order) was stayed pending appeal on the grounds that the Full Bench may have lacked jurisdiction to make a retrospective order, no such order was sought by the applicant, and significant...
In text … I would otherwise dismiss the application for a stay. 2005 WAIRC 02513 APPEAL AGAINST THE DECISION OF THE FULL BENCH IN MATTER FBA 36/04 GIVEN …
[2009] WAIRC 843— ANTHONY D MULLEN, CHRISTOPHER C SHARPE Applicants v Anne Gisborne, President Of The State School Teachers...
WAIRC — Single CommissionerResolved
The Honourable M T Ritter·2009-09-15·appellate 1×·
keyword match
RatioAn objection by applicants to legal representation of a respondent who was not initially a party was dismissed. The applicants' objection was based on a false premise that counsel appeared for the respondent personally rather than for the Union as intervener. The Commission...
In text … 2.2. - CONTRACT OF SERVICE 2.2.1 Probation (1) Every employee appointed to the employ of the employer shall be on probation for a period …
[2012] WAIRC 1093— Paul Smith v Director General - Department Of Transport
PSAB (former)Against applicant
Commissioner Board, Member Board·2012-12-11·cited 1×·
keyword match
RatioAn appeal against proposed disciplinary action is jurisdictionally incompetent when filed before the employer has made a final decision. The employer's letter proposing a penalty and requesting written submissions was merely a provisional decision subject to genuine...
In text … 19 Accordingly, for the foregoing reasons, the appeal is dismissed. 64 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 93 W.A.I.G. 2012 WAIRC 01092 APPEAL AGAINST DISCIPLINARY …
ClaimPublic sector discipline via Public Service Appeal Board appeal (historical)
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 …