Employment Law Legal Hotline Western Australia

I was dismissed today in Western Australia — how long do I have to lodge an unfair dismissal claim?

You have 21 days from the date of dismissal to lodge an unfair dismissal application with the Fair Work Commission if you are covered by the federal system. The clock starts from the date your dismissal took effect, not your last day of work or the date you received final pay. If you are a state system employee in WA — such as a local government worker or agricultural worker — you have 28 days to file with the WAIRC. Do not assume your timeframe without confirming which system covers you. Call 1800 951 176 immediately.

How do I know if I am covered by the WA state industrial system or the federal Fair Work system?

Most private sector employees in WA working for incorporated companies are covered by the federal Fair Work Act 2009. You are likely covered by the WA state system under the Industrial Relations Act 1979 if you work for a WA state government agency, local council, an unincorporated business, or in industries like agriculture, pastoral work, or domestic services. This distinction is critical because it determines which court or commission hears your claim and what deadlines apply. If you are unsure, call Legal Hotline on 1800 951 176 for an immediate assessment.

My employer in WA has not paid me correctly — what can I do?

Underpaid workers in WA can recover wages through several pathways. The Fair Work Ombudsman can investigate and recover unpaid wages, penalty rates, and superannuation for federal system employees at no cost to you. You can also lodge a claim in the Magistrates Court of Western Australia for amounts up to $75,000. Importantly, under the Wage Theft Act 2023 (WA), intentional underpayment is now a criminal offence with penalties of up to $1 million for corporations and 10 years imprisonment for individuals. Gather your payslips and roster records as evidence before making contact.

Can I claim unfair dismissal in WA if I was on a casual or fixed-term contract?

Yes, casual employees can bring unfair dismissal claims in WA under the Fair Work Act, provided they have worked for the employer for at least six months (or 12 months if the employer has fewer than 15 employees) and worked on a regular and systematic basis. Fixed-term employees may also be eligible if their situation meets the minimum employment period requirements. The key question is whether your employment was genuinely casual or effectively a permanent arrangement in practice. Call 1800 951 176 to assess your specific circumstances.

I was discriminated against at work in WA — should I complain to the Equal Opportunity Commission or the Fair Work Commission?

In WA you have two pathways for workplace discrimination complaints, and choosing the right one matters significantly. The Equal Opportunity Commission of Western Australia handles complaints under the Equal Opportunity Act 1984 (WA), covering discrimination on grounds including sex, race, disability, pregnancy, age, and sexual orientation in state-regulated employment. The Fair Work Commission handles general protections claims under the Fair Work Act if adverse action was taken against you for exercising a workplace right or due to a protected attribute. The remedies and processes differ between these pathways. A lawyer can advise which gives you the strongest position.

My employer is making my job impossible to force me to resign — is that legal in WA?

No — this may constitute constructive dismissal, which is treated as a dismissal at law even though you technically resigned. To establish constructive dismissal in WA, you must show that your employer's conduct fundamentally breached your employment contract or was so unreasonable that a person in your position had no real choice but to resign. If successful, you can pursue unfair dismissal or general protections claims. However, constructive dismissal claims are legally demanding and require strong evidence. Do not resign without first calling 1800 951 176 — your decision to resign affects all your rights.

What is the maximum compensation I can receive for unfair dismissal in Western Australia?

Under the federal Fair Work Act, unfair dismissal compensation is capped at 26 weeks' remuneration or half the high-income threshold (currently $167,500 per year), whichever is the lesser amount. This cap means the maximum possible compensation order is approximately $83,750. The WAIRC applies different compensation principles under the state system, which are not subject to the same statutory cap. Reinstatement remains the primary remedy under both systems but is rarely granted in practice. Your actual compensation will depend on lost earnings, attempts to mitigate loss, and the severity of the unfairness.

Can my employer in WA make me redundant while I am on parental leave?

Generally no — dismissing or selecting an employee for redundancy because they are on parental leave constitutes adverse action under the Fair Work Act 2009 and may also constitute unlawful discrimination under the Equal Opportunity Act 1984 (WA). Genuine redundancy during parental leave is possible in limited circumstances where the position is truly eliminated, but employers must demonstrate the selection process was not influenced by the leave. WA employees on parental leave have strong protections and return-to-work rights under the National Employment Standards. If you have been made redundant while on leave, call 1800 951 176 immediately.

What happens at a Fair Work Commission conciliation for my WA unfair dismissal claim?

Conciliation is an informal, confidential telephone or video conference where a Fair Work Commission conciliator assists both parties to explore settlement without a formal hearing. Approximately 80% of unfair dismissal matters resolve at conciliation. The conciliator does not decide your case — they facilitate negotiation. You and your employer each explain your positions, and the conciliator helps identify a realistic settlement range. Outcomes typically include compensation payments, agreed references, or reinstatement. You are entitled to have a lawyer or support person assist you. Preparation is critical — call 1800 951 176 before your conciliation date.

My employer asked me to sign a deed of release after dismissal in WA — should I sign it?

Do not sign a deed of release without legal advice. A deed of release permanently extinguishes your rights to bring any future claim arising from your employment — including unpaid wages, superannuation, unfair dismissal, discrimination, and general protections claims. Many WA workers sign these under time pressure without realising the full value of what they are giving up. Employers frequently offer less than the true value of your entitlements and claims. A lawyer can quickly assess whether the offer is fair given your specific entitlements under your contract, applicable Modern Award, and the National Employment Standards. Call 1800 951 176 before you sign anything.