Chamber of Commerce and Industry - Employee actions against dismissal

Employee actions against dismissal

This document is subject to copyright and other than fair dealing for the purposes of research or study, its reproduction and use outside its intended purpose is not permitted without written permission from CCI.

What should I do if I receive a claim?
Wrongful dismissal (common law action)
Unfair dismissal
What makes a dismissal unfair?
Unlawful termination
Workers’ Compensation
Equal opportunity
Management of Personal Leave

What should I do if I receive a claim?

The actions which an employee can take against dismissal are wrongful dismissal, unfair dismissal (including unfair termination and unlawful termination) and equal opportunity (discrimination) actions. CCI members are entitled to advice in most disputes concerning termination of employment. Notif...

Member and/or subscriber access only. Call (08) 9365 7455 for password help or click here to login.

| TOP

Wrongful dismissal (common law action)

A wrongful dismissal occurs where a dismissal breaches a term of the employment contract. For example, where the employee is not given sufficient notice to terminate the contract or where any contractual procedures required prior to dismissal are not followed. Dismissal for misconduct in...

Member and/or subscriber access only. Call (08) 9365 7455 for password help or click here to login.

| TOP

Unfair dismissal

Employees who believe they have been unfairly dismissed can challenge their employer's decision by making an unfair dismissal claim. Claims fall into two categories: unfair termination unlawful termination Unfair termination Unfair termination claims are dealt with by the Wester...

Member and/or subscriber access only. Call (08) 9365 7455 for password help or click here to login.

| TOP

What makes a dismissal unfair?

There are no fixed rules about what constitutes an unfair dismissal. The question of fairness is a discretionary decision, taking into account all surrounding circumstances. This involves an assessment of the reasons for dismissal and the procedures followed by the employer prior to dismissal. The ...

Member and/or subscriber access only. Call (08) 9365 7455 for password help or click here to login.

| TOP

Unlawful termination

Claims alleging unlawful termination are filed initially with the AIRC. The AIRC will attempt to resolve the claim through conciliation. However, if this is unsuccessful, unlawful termination claims are referred to the Federal Court (or other common law courts) for hearing and determination. ...

Member and/or subscriber access only. Call (08) 9365 7455 for password help or click here to login.

| TOP

Workers’ Compensation

Employers are not prevented from terminating the employment of an employee who is receiving workers' compensation payments or who is undergoing an injury management program. However any termination of employment must be in accordance with the Workers' Compensation and Injury Management Act 1981 (WA)...

Member and/or subscriber access only. Call (08) 9365 7455 for password help or click here to login.

| TOP

Equal opportunity

Both State and federal equal opportunity laws have been enacted to provide equitable access to employment opportunities during all phases of the employment relationship including termination. At termination, a complaint of discrimination can relate to the reasons for dismissal or proposed dismi...

Member and/or subscriber access only. Call (08) 9365 7455 for password help or click here to login.

| TOP

Management of Personal Leave

Employers often face the challenge of managing an employee who takes significant amounts of personal leave. An employee is entitled to their accrued paid personal/carers leave when they, or their family, is sick. To be entitled the employee must comply with the notice and documentation re...

Member and/or subscriber access only. Call (08) 9365 7455 for password help or click here to login.

| TOP