82 results
for "dismissal during probation WAIRC"
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· filtered to WA
[2006] WAIRC 5711— 2006 WAIRC 05711/(2006) 86 WAIG 3241 File No : B 173 OF 2006 CatchWords: Industrial Law (WA) - Application...
WAIRC — Full BenchAgainst applicant
2006-01-01·
keyword match
RatioThe Full Bench dismissed the appeal as the appellant no longer wished to proceed, having obtained a writ of certiorari from the Supreme Court quashing the Commissioner's decision. Additionally, the Full Bench confirmed that it has jurisdiction to determine whether the...
In text … 2007 WAIRC 00319 Decision Appeal dismissed Order 1. The appeal is dismissed. By the Full Bench (Sgd.) M T RITTER, [L.S.] Acting President. FULL BENCH …
[2011] WAIRC 1041— Glenn Ross v Mr Peter Conran, Director General Dept Of The Premier And Cabinet
Leading
PSAB (former)Resolved
Justice Honourable, Member Board·2011-11-16·cited 3×·
keyword matchleading authority
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 …
ClaimAnnual leave · Accrued leave on termination via Public Service Appeal Board appeal (historical)
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)
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
RatioA bonus/commission scheme operated under a discretionary policy by the employer was not a contractual term of employment. The policy document expressly reserved sole discretion to the manager to cancel the scheme and determine disputes, making any purported provision illusory...
In text … 2016 WAIRC 00245
CORAM :Commissioner S J Kenner
HEARD : Friday, 20 November 2015, Wednesday, 24 February 2016
DELIVERED : wednesday, 27 april 2016
FILE NO. : B 100 …
[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×·
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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 …
RatioAn employee who assaulted a supervisor during a workplace confrontation was fairly dismissed. Although the assault was minor in nature, it occurred in the context of the employee's anger and insubordination, and the employer was entitled to terminate employment without...
In text … He therefore dismissed the application. 12 The appellant’s appeal to the Full Bench of the Commis- sion was dismissed by a 2 to 1 majority …
ClaimUnfair dismissal (WA) · Dismissal for misconduct
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 …
The Honourable M T Ritter·2007-08-31·appellate 1×·
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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 …
[2013] WAIRC 142— Transport Workers' Union Of Australia, Industrial Union Of Workers, Western Australian Branch v Kings...
WAIRC — Single CommissionerAgainst applicant
Commissioner Kenner·2013-03-14·
keyword match
RatioAlthough representations made by Kings at the initial meeting that owner-drivers would receive the same rates as from Schweppes became an oral term of the contract with Mr Trolio, the underlying Sub-Contractor Agreement is structured as an indefinite arrangement whereby each...
In text … 28 Accordingly, the application must be dismissed. 93 W.A.I.G. WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 397 2013 WAIRC 00143 IN THE WESTERN AUSTRALIAN INDUSTRIAL RELATIONS …
ClaimMeaning of 'industrial matter' (WA s7) via s44 referral of industrial matter (WA)
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 …
RatioThe WAIRC varied the Farm Employees' Award 1985 pursuant to s40B of the IR Act 1979 (WA) to comprehensively modernise its structure and terms, including establishing minimum adult award wage provisions, restructuring clause arrangements, introducing employment relationship...
In text … 2023 WAIRC 00352
Result Order issued
Representation
Mr B Entrekin on behalf of the Hon. Minister for Industrial Relations
Mr C Dunne and Ms E Ong …
[2014] WAIRC 91— The Australian Rail, Tram v Bus Industry Union Of Employees, West Australian Branch
WAIRC — Single CommissionerResolved
Commissioner Kenner·2014-02-11·
keyword match
RatioThe Commission found that the Authority's use of three spare lincs on the Armadale Line Base Roster was not arbitrary or unreasonable, as spare lincs provide necessary operational flexibility for covering both planned and unplanned absences. However, the Commission ordered...
In text … In all other respects, the application is dismissed. 268 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 94 W.A.I.G. 2014 WAIRC 00102 DISPUTE RE ROSTERING PRACTICES WESTERN …
ClaimAward interpretation — principles · Registered industrial agreement (WA) via s44 referral of industrial matter (WA)
[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 …
RatioMs Gavril failed to establish that most of her alleged complaints were 'employment-related inquiries or complaints' under s97A of the IR Act, or that they had sufficient causal connection to the alleged damaging actions. Even where some complaints could qualify, the...
In text … 2026 WAIRC 00031
CORAM : Industrial Magistrate D. Scaddan
HEARD : Wednesday, 29 October 2025, Thursday, 30 October 2025, Friday, 31 October 2025
DELIVERED : friday, 23 january 2026 …
ClaimDamaging action for inquiry or complaint (WA s97A)
RatioThe Banking, Finance and Insurance Award 2010 applied to the claimant's employment as a finance and insurance consultant providing 'broking' and 'transaction processing' services to the respondent company, which supplied labour on an on-hire basis to car dealerships to...
In text … 2019 WAIRC 00284
CORAM :INDUSTRIAL MAGISTRATE D. SCADDAN
HEARD : Wednesday, 17 April 2019
DELIVERED : Thursday, 13 June 2019
FILE NO. : M 85 OF 2018
BETWEEN : Alastair …
ClaimModern award (federal) · Award interpretation — principles
MatchA certified agreement and State law providing unfair dismissal protection are able to operate concurrently where they deal with different topics: the certified agreement marks the legal parameters of termination, while State law determines whether a lawful dismissal is unfair.
In text … whether the employee — (a) at the time of the dismissal, was employed for a period of probation agreed between the employer and employee in writing or …