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Unfair Dismissal in Western Australia (WA) 2026 — Your Rights & Entitlements

Last updated: March 2026

Unfair dismissal protections in Western Australia are primarily handled by the Fair Work Commission (FWC) for national system; WA Industrial Relations Commission for state system under the Fair Work Act 2009.

WA has a significant dual system. Non-constitutional corporation employers (including sole traders, partnerships, and some trusts) remain in the WA state system under the Industrial Relations Act 1979. State system employees have access to unfair dismissal claims through the WA Industrial Relations Commission.

To make an unfair dismissal claim, you must lodge your application with the Fair Work Commission within 21 days of your dismissal taking effect. The Commission will first attempt conciliation, and if that fails, the matter may proceed to a hearing.

Key Facts: Unfair Dismissal in WA

  • ✓You must lodge an unfair dismissal claim within 21 days of dismissal
  • ✓The application fee is $83.30 (2025-26, indexed annually)
  • ✓Claims in WA are handled by the Fair Work Commission (FWC) for national system; WA Industrial Relations Commission for state system
  • ✓You must have completed the minimum employment period (6 months, or 12 months for small businesses)
  • ✓You must earn below the high income threshold ($175,000 in 2025-26) or be covered by an award/agreement
  • ✓Casual employees can claim only if employment was regular and systematic with a reasonable expectation of ongoing work
  • ✓Maximum compensation is 26 weeks' pay (capped at half the high income threshold)
  • ✓Reinstatement is the primary remedy, but compensation is more commonly awarded

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Frequently Asked Questions

How do I make an unfair dismissal claim in Western Australia?▼
Lodge an application with the Fair Work Commission (FWC) for national system; WA Industrial Relations Commission for state system within 21 days of your dismissal. You can apply online at fwc.gov.au. The current filing fee is $83.30. WA has a significant dual system. Non-constitutional corporation employers (including sole traders, partnerships, and some trusts) remain in the WA state system under the Industrial Relations Act 1979. State system employees have access to unfair dismissal claims through the WA Industrial Relations Commission.
What is the time limit for unfair dismissal claims in WA?▼
You have exactly 21 calendar days from the date your dismissal takes effect to lodge your application. This deadline is strictly enforced, and extensions are only granted in exceptional circumstances.
Am I eligible for unfair dismissal protection in Western Australia?▼
To be eligible, you must: have completed the minimum employment period (6 months, or 12 months for small business employees), earn below the high income threshold ($175,000) or be covered by an award or enterprise agreement, and be a national system employee. WA has a significant dual system. Non-constitutional corporation employers (including sole traders, partnerships, and some trusts) remain in the WA state system under the Industrial Relations Act 1979. State system employees have access to unfair dismissal claims through the WA Industrial Relations Commission.
What compensation can I get for unfair dismissal in WA?▼
The maximum compensation is 26 weeks' pay, capped at half the high income threshold. The FWC considers factors including the length of your service, your remuneration, the efforts you've made to find new employment, and the employer's conduct. Reinstatement is the primary remedy but is less commonly ordered.

Unfair Dismissal in Other States

NSWNew South WalesVICVictoriaQLDQueenslandSASouth AustraliaTASTasmaniaACTAustralian Capital TerritoryNTNorthern Territory

More Workplace Rights in WA

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General information and estimates only — not legal, financial, or tax advice. Always verify with the Fair Work Ombudsman (13 13 94) or a qualified professional.