What is the salary cap?
- Details
- Created: 28 November 2018
The Commission cannot deal with a claim for unfair dismissal if the employee's salary exceeds the prescribed amount, unless an industrial instrument applies to the employment.
The prescribed amount can be found here.
An industrial instrument is:
- an award;
- an order of the Commission (including General Order);
- an industrial agreement; or
- an employer-employee agreement.
The Termination, Change and Redundancy General Order applies to the employment of all State system employees. An employee to whom the General Order applies is not subject to the salary cap and may make a claim of unfair dismissal to the Commission.
Calculation of salary
The employee's salary is assessed based on the greater of –
- the salary the employee actually received; or
- the salary they were entitled to,
– for the 12 months immediately prior to the dismissal.
Employees employed for less than 12 months
|
Remuneration received x 365 |
|
Days employed |
Industrial Relations (General) Regulations 1997 (WA) reg 5(2)(c)
Employees on leave without full pay during last 12 months
|
Remuneration received + |
Remuneration received ´ Days on leave without full pay |
|
Days not on leave without full pay |
Industrial Relations (General) Regulations 1997 (WA) reg 5(2)(b)
