Compensation for unfair dismissal (Western Australia)

The Western Australian Industrial Relations Commission has the power to deal with cases of unfair dismissal, where that jurisdiction has not been conferrred by the Commonwealth Fair Work Act 2009
upon the Fair Work Commission. For example, the employees of sole traders who operate in Western Australia may bring proceedings for unfair dismssal in the State Commission, as may the employees of trusts. If the employee earns less than the prescribed amount, a dismissed employee with access to the Commission may seek re-instatement and/or compensation. Where the Commission orders the re-instatement of the employee it may also make orders to effectively preserve the status quo as it was when the employee was dismissed, including an order for continuity of remuneration. Where re-instatement is not thought to be the appropriate remedy, most typically where the realtionship between the parties as deteriorated to the point where it would be fruitless to order its restoration, the Commission may order compensation capped at 6 months’ remuneration. The Commission may include a component of compensation for non-economic factors like humiliation and distress provided it does not take the compensation to above the capped limit, and provided that it is real and proven..