3 December, 2019
Absolutely. Employees working on a casual, contract, temporary, or another basis can make an application for unfair dismissal under Western Australia and federal laws.
Today, Western Australian workers enjoy an expansive set of rights under both federal and state law. The labour environment in Western Australia is unique, thanks to the nature of its mining and agricultural industries. This means that the Western Australia Industrial Relations Commission (WAIRC) can often hold a key part in unfair dismissal claims and that the courts are not the only way to resolve labour disputes.
In cases of unfair dismissal, WA -based workers are advised to seek legal advice and representation from specialised legal services such as MKI Legal in Perth, among others.
Here are other things you should know if you are interested in filing an application for unfair dismissal in WA:
1.) You may not have to go to court
In most unfair dismissal cases, there is usually an option to have the matter resolved at a conciliation conference. In these out-of-court meetings, the Industrial Commissioner or Registrar from the WAIRC will try to see if the employer and employee filing the claim can come to an agreement. If no agreement could be reached, the case can then be scheduled for a hearing at the appropriate court.
2.) Employers and plaintiffs handle their own legal costs
Each party will have to fund their own legal costs. However, many legal services representing employees are sensitive to this and understand the unequal nature of the funding available to most employers and employees. As a result, many services representing employees are rather open to negotiating fees, and furthermore, a few will not claim legal fees unless they are able to deliver a successful outcome.
3.) Parties may represent themselves
While we do not recommend this, parties may choose to represent themselves in court or conciliation conferences. They may also get representation from a registered industrial agent from the WAIRC. However, we highly recommend that you get legal representation from qualified employment lawyers when possible. They will be typically able to draw from a deeper well of experience and be better equipped to handle the nuances of your case.
4.) Reinstatement and payment of lost earnings is a possible outcome
Both reinstatement and payment of lost income are possible successful outcomes through conciliation conferences or formal court proceedings. Reinstatement can be to the employee’s former position or one that is considered suitable. Depending on the case, the WAIRC or the court may also order any lost income to be paid, as well as damages and legal fees, if needed.
However, there may be instances where reinstatement is not desired or practical, in which case, the WAIRC can order compensation equivalent to up to six month’s pay, or less. In the case of a successful outcome in court, the court can order any appropriate legal remedy.
Conclusion
We strongly advise that you seek legal advice from employment lawyers who understand Western Australia’s unique labour and employment laws intimately. If you’re in Western Australia and are interested in filing an unfair dismissal claim, be sure to contact MKI Legal for specialised advice and legal representation.
In any case, be sure to visit the WAIRC website for a better understanding of unfair dismissal options and procedures.
For further information, please contact:
Stefan Banovich, Director, MKI Legal
info@mkilegal.com.au
