The following information is only relevant to employers and employees in the WA state industrial relations system and is intended as a guide only.
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Ending Employment
Employment can end for many reasons. An employee may resign, or they could be dismissed by their employer. In either case, it is important to follow the rules about ending employment, notice and final pay. There are also different rights and obligations when a job is made redundant. See the Department of Local Government, Industry Regulation and Safety for further information:
When employment ends for state system employees
Resignation
Employees are entitled to resign from their job at any time and for any reason. However, an employee may have to give the employer notice of resignation. The required notice period may depend on an employee’s award, or contract of employment. If an employee is not covered by an a WA award or agreement, or there is no written contract of employment detailing the notice period, then the employee must give ‘reasonable’ notice. When an employee resigns, they must receive unpaid wages, unused annual leave, and may have a long service leave entitlement if they have been employed for 7 years or more. For further information on resignation see:
https://www.commerce.wa.gov.au/labour-relations/resignation-information
Dismissal
Under State laws, employees cannot be dismissed if it would be harsh, unfair, or oppressive. There must be a fair and valid reason for dismissal. This includes consistent unsatisfactory work performance of the employee, inappropriate behaviour, or actions (including serious misconduct) or the operational requirements of the business (including redundancy). When a decision has been made to dismiss an employee, employers must provide the required notice period, pay out any unpaid wages, annual leave and long service leave owing to the employee, and provide a separation certificate if the employee requests it. See the following link for further information:
https://www.commerce.wa.gov.au/labour-relations/dismissal-general-information
Dismissal Notice Periods
There are minimum notice periods required for full-time and part-time employees based on how long the employee has been employed and the employee’s age. See the following link for further information:
https://www.commerce.wa.gov.au/labour-relations/dismissal-notice-periods
Unfair Dismissal
An unfair dismissal occurs when an employer ends an employee’s employment in circumstances that are harsh, oppressive or unfair. The Western Australian Industrial Relations Commission can only deal with unfair dismissal applications made against State system employers. For more information about unfair dismissals please see the following link:
https://www.wairc.wa.gov.au/employers/responding-to-an-unfair-dismissal-application/