Western Australia Unfair Dismissal Laws (2026)
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Sourced from Commonwealth Acts of Parliament, federal regulations, and official government guidance. State-level information reflects each state's own Acts and court decisions. Written in plain language for general understanding — this is educational content, not legal advice. Our editorial standards
What is this right?
If you've been fired and the dismissal was harsh, unjust, or unreasonable, the Fair Work Commission can hear an unfair dismissal claim. The Commission's caseload on this is enormous — it's one of the most actively used remedies in the Act.
Eligibility starts with the minimum employment period:
- 6 months if your employer has 15 or more employees.
- 12 months if your employer is a small business (fewer than 15 employees).
You also need to earn below the high-income threshold ($183,100 per year from 1 July 2025, indexed annually), unless you're covered by an award or enterprise agreement — in which case the threshold doesn't bite.
Small businesses can rely on the Small Business Fair Dismissal Code, which permits summary dismissal for serious misconduct and a more streamlined path otherwise.
If the Commission finds the dismissal unfair, the remedies are reinstatement (the actual job back) or compensation capped at the lesser of 26 weeks' pay or half the high-income threshold ($91,550 from 1 July 2025). Reinstatement is rare in practice; compensation is the default.
When does it apply?
- You have been dismissed (fired, contract not renewed, or forced to resign).
- You completed the minimum employment period (6 or 12 months).
- You earn under the high-income threshold or are covered by an award/agreement.
- You are not a genuine casual without a reasonable expectation of ongoing work.
What to Do If You Believe You Were Unfairly Dismissed in Australia
Twenty-one days. That's the entire window.
- Act fast. The application has to land at the Fair Work Commission within 21 calendar days of the dismissal taking effect.
- Gather everything: contract, pay slips, performance reviews, emails, written warnings.
- Lodge Form F2 at fwc.gov.au. The filing fee is small (currently around $85).
- Attend the conciliation conference. Most matters settle there.
What should you NOT do?
- Don't miss the 21-day deadline. Extensions are granted only in genuinely exceptional circumstances.
- Don't sign a release at the door without legal advice.
- Don't badmouth the former employer online. It will surface in conciliation.
How Western Australia differs from federal law
WA has two pathways for unfair dismissal claims. National system workers go to the Fair Work Commission. State system workers go to the WA Industrial Relations Commission (WAIRC).
- Under the Industrial Relations Act 1979 (WA), s 29(1)(b)(i), a state system employee who believes they have been harshly, oppressively, or unfairly dismissed can apply to the WAIRC. The WAIRC can order reinstatement or compensation.
- The WAIRC process does not have a high-income threshold like the Fair Work Commission — all state system employees can bring an unfair dismissal claim regardless of income. There is also no minimum employment period under the WA state system (unlike the 6/12 month requirement under the Fair Work Act).
- WA's Equal Opportunity Act 1984 (WA) provides an alternative pathway if a dismissal was motivated by discrimination on a protected ground (race, sex, age, disability, family responsibility, political conviction, and others). Complaints go to the Equal Opportunity Commission of WA.
- The Employment Law Centre of WA provides free legal advice and assistance for workers facing dismissal.
Additional Steps in Western Australia
National system workers lodge with the Fair Work Commission within 21 days. State system workers lodge with the WAIRC (wairc.wa.gov.au) within 28 days. For discrimination claims, lodge with the Equal Opportunity Commission (eoc.wa.gov.au or 08 9216 3900). Free advice from the Employment Law Centre of WA (1300 520 054).
Relevant Law: Fair Work Act 2009 (Cth), Part 3-2; Industrial Relations Act 1979 (WA), s 29(1)(b)(i); Equal Opportunity Act 1984 (WA)
Common Questions
What is the unfair dismissal right in Australia?
If you've been fired and the dismissal was harsh, unjust, or unreasonable, the Fair Work Commission can hear an unfair dismissal claim. The Commission's caseload on this is enormous — it's one of the most actively used remedies in the Act.Eligibility starts with the minimum employment period:6 months if your employer has 15 or more employees.12 months if your employer is a small business (fewer than 15 employees).You also need to earn below the high-income threshold ($183,100 per year from 1 July 2025, indexed annually), unless you're covered by an award or enterprise agreement — in which case...
When does unfair dismissal apply?
You have been dismissed (fired, contract not renewed, or forced to resign).You completed the minimum employment period (6 or 12 months).You earn under the high-income threshold or are covered by an award/agreement.You are not a genuine casual without a reasonable expectation of ongoing work.
What should I do if I think I was unfairly dismissed from my job in Australia?
Twenty-one days. That's the entire window.Act fast. The application has to land at the Fair Work Commission within 21 calendar days of the dismissal taking effect.Gather everything: contract, pay slips, performance reviews, emails, written warnings.Lodge Form F2 at fwc.gov.au. The filing fee is small (currently around $85).Attend the conciliation conference. Most matters settle there.
What mistakes should I avoid with unfair dismissal?
Don't miss the 21-day deadline. Extensions are granted only in genuinely exceptional circumstances.Don't sign a release at the door without legal advice.Don't badmouth the former employer online. It will surface in conciliation.
Unfair Dismissal in other states
Same topic, different jurisdiction. Pick the one that applies to you.