Private sector employers and employees
Telephone: 1300 655 266
Mailing address
Locked Bag 100
East Perth WA 6892
This information is only relevant to employers and employees in the WA state industrial relations system – sole traders, unincorporated partnerships, unincorporated trusts and some incorporated or not for profit organisations. Find out more on the Guide to who is in the WA state system page.
If you operate or are employed by a Pty Ltd business – you can find information on this topic on the Fair Work Ombudsman website.
Under State laws, employees cannot be dismissed if to do so would be harsh, unfair or oppressive. There must be a valid and fair reason for dismissal, such as:
When a decision has been made to dismiss an employee, employers should ensure the following requirements have been met:
Serious misconduct (sometimes known as 'gross misconduct') is different to poor work performance. Serious misconduct is behaviour that could damage the employer's business, or is inconsistent with the employment contract. Examples of serious misconduct can include:
There are additional obligations on employers when employees are being made redundant. Further information is available on the redundancy page.
If an employee believes they have been unfairly dismissed, they can make a claim for unfair dismissal to the Western Australian Industrial Relations Commission. An application must be made within 28 days from the date of dismissal and the former employee is required to provide a copy of the application to the employer. Late claims are accepted in some very limited circumstances, such as where the employee can show valid reasons for not being able to meet the 28 day requirement.
The FAQs about unfair dismissal page has more information and answers to common questions.
Under federal laws, it is unlawful to terminate an employee on certain specified grounds such as race, colour, sex, sexual orientation, age, family or carer’s responsibilities and temporary absence from work due to illness or injury. For the full details of the grounds for which it is unlawful to terminate an employee, visit the Fair Work Commission website at www.fwc.gov.au.
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