How do I make an unfair dismissal claim if I am a state system employee in WA?
Yes, if you are a state system employee in Western Australia, you can make an unfair dismissal claim. Such claims are lodged with the Western Australian Industrial Relations Commission (WAIRC) within 28 days of your dismissal.
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How it works in practice
Understanding State System Employees in WA
In Western Australia, a 'state system employee' generally refers to individuals employed by the Western Australian Government, local government, or certain private sector employers not covered by the federal industrial relations system. This distinction is crucial because your employer's legal structure determines whether you make an unfair dismissal claim with the state-based Western Australian Industrial Relations Commission (WAIRC) or the federal Fair Work Commission.
Making an Unfair Dismissal Claim
To make an unfair dismissal claim as a state system employee in WA, you must demonstrate that your dismissal was harsh, unjust, or unreasonable. Claims must be lodged with the WAIRC within a strict 28-day period from the date your dismissal took effect. The process typically begins with an application, followed by conciliation to attempt a resolution. If conciliation is unsuccessful, the matter may proceed to a formal hearing where the Commission will make a binding decision.
Important exceptions
The primary exception is if you are not a 'state system employee' but rather covered by the federal Fair Work Act. Most private sector employees and some state government entities fall under the federal system and must lodge claims with the Fair Work Commission. Claims must be lodged within a strict 28-day timeframe; late applications are rarely accepted. Unfair dismissal claims typically do not apply if your termination was a genuine redundancy or due to serious misconduct, as these are generally considered valid reasons for dismissal.
What you should do now
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Confirm your employment status to ensure you are a state system employee covered by Western Australian industrial laws.
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Gather all relevant documents, including your employment contract, dismissal letter, correspondence, and any performance reviews.
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Lodge an unfair dismissal application with the Western Australian Industrial Relations Commission (WAIRC) within 28 calendar days of your dismissal.
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Actively participate in the conciliation process, which aims to resolve the dispute amicably with the assistance of a WAIRC conciliator.
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Prepare for a formal hearing at the WAIRC if conciliation is unsuccessful, by gathering evidence and witnesses to support your claim.
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