Unfair dismissal time limits in WA

 

unfair dismissal claims in Western Australia

It is often confusing for non-represented Western Australian employees to become confused as to whether an unfair dismissal claim should be filed in the Fair Work Commission or the Western Australian Industrial Relations Commission. However ordinarily that will not be regarded, by itself, as a circumstances justifying an extension of time to make the application. The WA State system has a 28 day limit and the Fair Work Commission 21 days.

“ As the Deputy President stated in Welthy v J Factor Holdings Pty Ltd t/as South Beach Hotel, 18 ‘[I]t is not unusual for employees in Western Australia to confuse the WAIRC and Fair Work Commission’.19 In short, it was not reasonable for the Applicant to wait until the issue of the WAIRC’s jurisdiction was addressed by the WAIRC before he lodged this application. Further, I do not consider he had a reasonable explanation for the delay after this date. The unfair dismissal forms are not complex and do not require such a significant period in which to complete them. I am therefore not satisfied that the Applicant had a reasonable explanation for the whole of the delay.”

Pigram v Water Corporation (2022) FWC 672 delivered 31 March 2022 per Beaumont DP