Who can bring a claim?
To make an application for denied contractual benefits at the Commission, you will need to show that:
- you are or were an employee employed under a contract of employment;
- you are due a benefit under the contract of employment;
- you have been denied this benefit by your employer or former employer; and
- the benefit is not an entitlement under an award, industrial agreement or Act.
Note: claims for non-payment of a benefit under an order, award of the Commission or industrial agreement, or for alleged breaches of the Minimum Conditions of Employment Act 1993 (WA) are to be made to the Industrial Magistrates Court, not to the Commission.
Please also note that the Commission cannot determine an application for denied contractual benefits if:
- your employment was not covered by an industrial instrument (an industrial instrument is an award, order of the Commission, industrial agreement or an employer-employee agreement – see section 29AA(5) of the Industrial Relations Act 1979 (WA)) and your salary is greater than the prescribed salary cap, which can be found in Maximum Salary Level for Lodging Certain Claims.