Dismissals under the WA fair work system

“It is clear that for the purposes of the Commission’s unfair dismissal jurisdiction, a “dismissal” can be constituted by the “dispensing with of ones’ services” or the “sending away” of a person from their employment: Ryde-Eastwood Leagues Club at 392-393; Swan Yacht Club (Inc) v Bramwell (1997) 78 WAIG 579 per Sharkey P at 583. Simply because a person is not performing services at the time of any purported dismissal, does not mean that there may not be a termination of employment: Ryde-Eastwood Leagues Club at 392. Having regard to the foregoing, in this case, I consider the respondent’s letter of 18 June 2018 to the applicant, informing her that the respondent would not offer the applicant any more casual engagements, was a “dismissal” for the purposes of the Act. The Commission has jurisdiction to hear and determine the applicant’s claim.”

NAN JAYA GALAW v CHIEF EXECUTIVE OFFICER, EAST METROPOLITAN HEALTH SERVICE  2019 WAIRC 00365