Western Australian Industrial Relations Commission

Unfair Dismissals & Denial of Contractual Benefits

 
The Industrial Relations Act 1979 allows for a person, who is or was an employee, to make a claim to the Industrial Relations Commission that they have been:

            (i)     harshly, oppressively or unfairly dismissed from employment; and/or
            (ii)    denied by their employer a benefit, not being a benefit under an award or order, to which the employee is entitled under their contract of service.

If you wish to make a claim to the Commission, you must complete comply with the following procedures:

  • Complete and file a Form 2 - Notice of Application (s.29(1)(b)(i), Unfair Dismissal; or complete and file a Form 3 - Notice of Application (s.29(1)(b)(ii), Denial of Contractual Benefits
  • The applicant lodges their application (+ 2 copies) with the Registry at the Commission. The filing fee is $50.00 for a claim for unfair dismissal and/or contractual benefits.
  • A claim for unfair dismissal and/or denial of contractual benefits may be lodged electronically via the Commission's website www.wairc.wa.gov.au (regulation 5 refers)
  • A file number is allocated and 2 copies are returned to the Applicant. The original is retained for the Commission's file.
  • Applicant serves 1 copy on the employer (by hand, mail or registered mail, whichever is preferred).
  • Once the applicant has served a copy on the employer, they then complete and have witnessed a Form 4 - Statutory Declaration of Service and return it to the Commission. This confirms to the Commission that the respondent has been served with the application.
  • The employer has 21 days from the date they receive the application to respond.
  • If the employer chooses to respond, they complete a Form 5 - Notice of Answer and Counter Proposal. The employer may also attach a supporting letter, note and/or other documents to it.
  • The employer lodges the Form 5 and any attachments (+ 2 copies) together at the Commission. If the employer chooses to respond, they can also do so electronically via the Commission's website www.wairc.wa.gov.au. There is no fee to lodge a Notice of Answer & Counter Proposal (http://www.wairc.wa.gov.au/Files/Forms/Form_5.pdf). The original is processed and retained for the commission's file. The 2 copies are returned to the Respondent.
  • The respondent then serves a copy upon the applicant (by hand, mail or registered mail, whichever is preferred).
  • Once the respondent has served the Form 5 - Notice of Answer and Counter Proposal, they then complete and have witnessed a Form 4 - Statutory Declaration of Service and return it to the Commission. This confirms to the Commission that the applicant is in receipt of the reply.
  • If (after the 21 days has lapsed) the applicant chooses to proceed with the application (whether they have received an answer or not), they send a request for hearing to the Registry.
  • The Commission then arranges a conciliation conference between the parties to assist them to resolve the issue.

See also 'Representation'.

Contact Us

Western Australian Industrial Relations Commission
17th Floor
111 St Georges Terrace
PERTH WA 6000

Phone : (08) 9420 4444
Facsimile : (08) 9420 4500
Free Call : 1800 624 263

Free Fax :1800 804 987

Email : mail reg

 

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