Unfair Dismissal in Western Australia
Reviewed by the Commoner Law Editorial Team. 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, you may be able to make an unfair dismissal claim with the Fair Work Commission.
To be eligible, you generally need to have completed 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 must also earn below the high-income threshold (currently $175,000 per year), unless you are covered by an award or enterprise agreement.
Small-business employers can rely on the Small Business Fair Dismissal Code, which allows summary dismissal for serious misconduct and a simpler process for other dismissals.
If the Commission finds your dismissal was unfair, remedies include reinstatement (getting your job back) or compensation of up to 26 weeks' pay.
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
- Act fast — you must lodge your application with the Fair Work Commission within 21 calendar days of your dismissal taking effect.
- Gather evidence: your employment contract, pay slips, any performance reviews, emails, and written warnings.
- Lodge a Form F2 online at fwc.gov.au. There is a small filing fee (currently around $85).
- Attend the conciliation conference — most cases settle at this stage without a hearing.
What should you NOT do?
- Don't miss the 21-day deadline — extensions are granted only in exceptional circumstances.
- Don't sign a release or waiver without getting legal advice first.
- Don't badmouth your former employer online — it can hurt your case.
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
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?
Act fast — you must lodge your application with the Fair Work Commission within 21 calendar days of your dismissal taking effect.Gather evidence: your employment contract, pay slips, any performance reviews, emails, and written warnings.Lodge a Form F2 online at fwc.gov.au. There is a small filing fee (currently around $85).Attend the conciliation conference — most cases settle at this stage without a hearing.
What mistakes should I avoid with unfair dismissal?
Don't miss the 21-day deadline — extensions are granted only in exceptional circumstances.Don't sign a release or waiver without getting legal advice first.Don't badmouth your former employer online — it can hurt your case.
Unfair Dismissal in other states
Same topic, different jurisdiction. Pick the one that applies to you.