Unfair dismissal
An employer must not terminate an employee in a manner that is harsh, oppressive or unfair.
In the Western Australian State labour relations system, unfair dismissal applies to terminations that are found to be harsh, oppressive or unfair. There is no set definition of this term. Whether a particular dismissal was unfair can only be determined on the circumstances of an individual case.
An employee can lodge a claim of unfair dismissal in the Western Australian Industrial Relations Commission (WAIRC).
It should be noted that not all employees are eligible to pursue unfair dismissal. For example, the federal Fair Work Act 2009 excludes all employees of organisations that are constitutional corporations from accessing unfair dismissal in the WAIRC.
For further information on unfair dismissal call Wageline on 1300 655 266.