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 …
ClaimUnfair dismissal (WA) · Dismissal during probation (WA) via Jurisdictional objection
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 …
ClaimDismissal during probation (WA) via Public Service Appeal Board appeal (historical)
concept: probationary_dismissal_waconcept: unfair_dismissal_wakeyword match
MatchIn hearing and determining an application under s 29(1)(b), the Commission must observe rules of procedural fairness as a well-established principle. However, where the preconditions for dismissal under s 27(1)(a) are properly raised, the fair hearing rule does not require a full hearing on merits but only requires the Commission to hear the party as to...
In text … made to dismiss a matter on grounds no question to be tried]
¶30 In United Voice WA v The Minister for Health [2012] WAIRC 00319; (2012 …
ClaimDenied contractual benefits (WA s29(1)(b)) · Dismissal during probation (WA) via Interlocutory summary dismissal application
concept: probationary_dismissal_waconcept: unfair_dismissal_wakeyword match
MatchIn the context of a probationary dismissal, the key issue is whether it was unfair for the respondent to terminate the applicant's employment based on the applicant's conduct in accessing a restricted document without authorization and not immediately reporting the access.
In textUNFAIR DISMISSAL APPLICATION
WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION
CITATION : 2026 WAIRC 00251
CORAM :Commissioner T B Walkington
HEARD : Wednesday, 1 April 2026
DELIVERED : Friday, 24 April …
ClaimUnfair dismissal (WA) · Dismissal during probation (WA) via Discovery / inspection of documents
concept: probationary_dismissal_waconcept: unfair_dismissal_wakeyword match
MatchA probationary period is an opportunity to assess whether an employee's conduct reflects a compatible employment relationship which can be sustained in the long term.
In text … Termination of employment - Claim of harsh, oppressive or unfair dismissal - Applicant on probation - Applicant terminated for unacceptable and disrespectful communications and insubordination - Principles considered - Applicant not …
ClaimUnfair dismissal (WA) · Dismissal during probation (WA)
concept: probationary_dismissal_waconcept: probationary_employeekeyword match
MatchProbationary employment is a less secure basis of engagement than permanent employment; probation involves a process of putting to proof and is a period of testing or trial for the purpose of ascertaining whether a person has the necessary qualifications for a permanent appointment.
In text … After the period of probation, either party could terminate the contract on one months’ notice. That is, post probation, the employment was to be on a …
concept: probationary_dismissal_waconcept: probationary_employeekeyword match
MatchA probationary employee dismissed after receiving regular documented feedback about performance deficiencies, assistance to improve, and notice that poor performance jeopardises employment has limited prospects of success on a claim of unfair dismissal.
In text … This application will be dismissed. 2013 WAIRC 00832 APPEAL AGAINST DECISION TO TERMINATE EMPLOYMENT MADE ON 1 FEBRUARY 2013 WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION PARTIES IRFAN …
ClaimTime limits for filing · Dismissal during probation (WA) via Public Service Appeal Board appeal (historical)
MatchFor a probationary employee with two weeks' service, reasonable notice of dismissal is one week.
In text … That is, a dismissal without a proper investigation or any investigation, dismissal without payment of any entitlements and dismissal without the payment of notice.
¶22 Does …
ClaimDismissal during probation (WA) · Notice of termination (statutory/contract)
concept: probationary_dismissal_waconcept: unfair_dismissal_wakeyword match
MatchThe question in discriminatory conduct cases is not whether the dismissal was fair, but whether a substantial reason for the discriminatory conduct was a prohibited reason, which necessarily involves inquiring into the state of mind of the decision-maker
In text … 2024 WAIRC 00782
CORAM : Commissioner T Emmanuel
HEARD : Monday, 27 May 2024, Tuesday, 28 May 2024, Wednesday, 29 May 2024 & Thursday, 30 May 2024
DELIVERED : TUESDAY …
concept: probationary_dismissal_waconcept: unfair_dismissal_wakeyword match
MatchProbation involves a process of putting to proof, testing or trial for the purpose of ascertaining whether a person has the necessary qualifications for a permanent appointment, and involves investigation and examination to determine compatibility.
In text … Industrial law (WA) - Termination of employment - Alleged harsh, oppressive and unfair dismissal - Dismissal occurred within period of probation - Dismissal not harsh, oppressive or unfair substantively or …
ClaimUnfair dismissal (WA) · Dismissal during probation (WA)
concept: unfair_dismissal_wakeyword matchleading authoritycited by appellate ×8
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 …
RatioA custodial officer dismissed by express reliance on reg 52A(2) of the Young Offenders Regulations 1995 (WA) does not have an appeal right under s 11CH of the Young Offenders Act, which applies only to removal as a result of removal action under s 11CC. The fact that the...
In text … dismissal are distinct concepts, even if the ultimate consequence is the same for the police officer concerned: Wayne Russell McGrath v Commissioner of Police [2005] WAIRC …
ClaimDismissal during probation (WA) · Public sector termination via Jurisdictional objection
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
2026 WAIRC 00155— Jorg Arno Nottle v Director General of the Department of Justice
PSAB (former)Against applicant
Commissioner Walkington, Member Hayman, Member Hawkins·2026-03-18·source ↗
concept: probationary_dismissal_waconcept: probationary_employeekeyword match
RatioThe Board dismissed the appellant's application for discovery of six categories of employment documents on the grounds that the appellant failed to adequately explain how the documents were necessary for the fair disposal of the appeal or relevant to the key issues (whether...
In text … 2026 WAIRC 00155
CORAM :PUBLIC SERVICE APPEAL BOARD
COMMISSIONER T B WALKINGTON - CHAIRPERSON
MR M HAYMAN - BOARD MEMBER
MR B HAWKINS - BOARD MEMBER
HEARD : ON THE …
ClaimPublic Service Appeal Board appeal (historical)
concept: probationary_dismissal_waconcept: unfair_dismissal_wakeyword match
MatchA probationary prison officer discharged under reg 5(4) of the Prisons Regulations 1982 is not without remedy, as they retain the right to bring a claim for unfair dismissal in the Commission's general jurisdiction.
In text … unfair dismissal claim before the Commission in its general jurisdiction: Western Australian Prison Officers’ Union of Workers v The Minister for Corrective Services [2013] WAIRC 00706 …
ClaimDismissal during probation (WA) 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)
[2024] WAIRC 773— Mark Lawn v Director General, Department of Justice
PSAB (former)Against applicant
Member Brown, Member Brick·2024-08-16·cited 1×·source ↗
concept: probationary_dismissal_wakeyword match
MatchA probationary employee can expect to be counselled and informed 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, an employee who is on probation would have little cause to complain if dismissal occurs.
In text … Having considered the same material I am dismissing you from your employment whilst on probation with immediate effect.
Conclusion
¶167 For the preceding reasons, the Board …
ClaimDismissal during probation (WA) via Public sector matter (general WAIRC jurisdiction post-PSAB)
concept: unfair_dismissal_wakeyword matchleading authoritycited by appellate ×6
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 …
ClaimUnfair dismissal (WA) · Abuse of process via Interlocutory summary dismissal application