Who can make an application?

To make an unfair dismissal application, you will need to show that:

• you were an employee;
• you have been dismissed from your employment;
• you were employed by a State system employer;
• your contract of employment was for a salary less than the amount prescribed by the Commission; and
• your dismissal was harsh, oppressive or unfair.

It is important to note that employees on probation or employed for less than 3 months may make a claim of unfair dismissal but, in deciding whether a dismissal was unfair, the Commission will take these factors into account.

To make an application, you will need to provide the Commission with your employer's business name, ABN or ACN, and indicate whether your employment was covered by a state award or registered industrial agreement.

Please also note that the Commission cannot determine an unfair dismissal application if:

• you are a government officer or another type of government employee, or
• 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.