• Home
  • Get Help
    • Make a Will
    • Enduring Powers of Attorney
    • Enduring Powers of Guardianship
    • Divorce
    • Interaction between Family Law and Succession Law
    • Children's Matters
    • Property Matters
    • Property Orders
    • Applying for a Family Violence Restraining Order (FVRO)
    • Applying for a Violence Restraining Order (VRO)
    • Differences between FVRO and VRO
    • Apply for Probate
    • Administering the Estate of the Deceased after a Grant of Probate has been Obtained
    • Duties of an Executor
    • Letters of Administration
    • Administering the Estate of the Deceased after a Grant of Letters of Administration has been Obtained
    • eLodgment of Court Documents
    • Dividing Fences
    • Overhanging Branches and Roots
    • Consumer Issues
    • Disputes with your Employer
    • Claim Criminal Injuries Compensation
    • Issues with Dogs
    • Issues with Cats
    • Useful Contacts
    • Privacy
  • Legal Advice
    • Preparing for your Appointment
    • Legal Document Fees
    • Payment and Cancellations
    • Community Legal Centres in WA
  • Mediation
    • Family and Child Mediation
    • Community Mediation
    • Commercial Mediation
  • Shop
  • Volunteer
  • About Us
    • Our Services
    • Branches
    • Board and Staff
    • Publications
    • Privacy Policy
    • Feedback
    • Terms of Use
    • Our Partners
    • Branch Login
  • Contact
Citizens Advice Bureau

Page translation

English English
en Englishaf Afrikaanssq Albanianar Arabichy Armenianaz Azerbaijanibe Belarusianbg Bulgarianca Catalanzh-CN Chinese (Simplified)zh-TW Chinese (Traditional)hr Croatiancs Czechda Danishnl Dutchet Estoniantl Filipinofi Finnishfr Frenchgl Galicianka Georgiande Germanel Greekht Haitian Creoleiw Hebrewhi Hindihu Hungarianis Icelandicid Indonesianit Italianja Japaneseko Koreanlv Latvianlt Lithuanianmk Macedonianms Malaymt Malteseno Norwegianps Pashtofa Persianpl Polishpt Portuguesero Romanianru Russiansr Serbiansk Slovaksl Slovenianes Spanishsw Swahilisv Swedishta Tamilte Teluguth Thaitr Turkishuk Ukrainianur Urduvi Vietnamesecy Welsh

Translation by Google*

  • Home
  • Get Help
    • Make a Will
    • Enduring Powers of Attorney
    • Enduring Powers of Guardianship
    • Divorce
    • Interaction between Family Law and Succession Law
    • Children's Matters
    • Property Matters
    • Property Orders
    • Applying for a Family Violence Restraining Order (FVRO)
    • Applying for a Violence Restraining Order (VRO)
    • Differences between FVRO and VRO
    • Apply for Probate
    • Administering the Estate of the Deceased after a Grant of Probate has been Obtained
    • Duties of an Executor
    • Letters of Administration
    • Administering the Estate of the Deceased after a Grant of Letters of Administration has been Obtained
    • eLodgment of Court Documents
    • Dividing Fences
    • Overhanging Branches and Roots
    • Consumer Issues
    • Disputes with your Employer
    • Claim Criminal Injuries Compensation
    • Issues with Dogs
    • Issues with Cats
    • Useful Contacts
    • Privacy
  • Legal Advice
    • Preparing for your Appointment
    • Legal Document Fees
    • Payment and Cancellations
    • Community Legal Centres in WA
  • Mediation
    • Family and Child Mediation
    • Community Mediation
    • Commercial Mediation
  • Shop
  • Volunteer
  • About Us
    • Our Services
    • Branches
    • Board and Staff
    • Publications
    • Privacy Policy
    • Feedback
    • Terms of Use
    • Our Partners
    • Branch Login
  • Contact
  • Home  
  • Get Help  
  • Disputes with your Employer

Disputes with your Employer

If you have a dispute with your employer, or you believe that your employment has been unfairly or unlawfully terminated, there are several options for resolving it. This guide is intended to help you answer the most common questions on employer disputes.

[Click here for printer version]

employer rounded 7

Frequently Asked Questions

What are denied contractual benefits?
If an employee is entitled to benefits (for example wages) under their employment contract (not an award or industrial agreement), and they are not paid those benefits, they have been denied their contractual benefits.

What is the first step I need to take?
You should first try talking to your employer about the issue or write them a letter setting out the details of your claim. If this doesn’t work, and you can’t come to an agreement, you can make a claim in the Industrial Relations Commission.

Are there any requirements that have to be met before such a claim may be made?
To make a claim you must:

  • Be an employee;
  • Earn below a set ceiling - note that this amount can vary from time to time. It is advisable to check the current set ceiling on the WA Industrial Relations Commission website if you are a state system employee, or the Fair Work Commission website if you are a federal system employee; and
  • Be able to specify what benefit you were entitled to and what it is you are claiming.

Where can I make a claim?
You can make a claim in either the WA Industrial Relations Commission or the Fair Work Commission depending on whether you’re an employee with the state or federal systems of employment in Australia.

Am I part of the state or federal employment system, and what is the difference between them?
It can be difficult to know what law applies and what your rights are because there are two different systems of employment law – state and federal. If you are a sole trader or in a business partnership, you fall under the state system. This means your employment is governed by the Industrial Relations Act 1979 (WA), and any disputes you have are heard in the WA Industrial Relations Commission.

If you work for a Proprietary Limited (Pty Ltd) company, you’re part of the federal system, where the Fair Work Act 2009 (Cth) applies and disputes go to the Fair Work Commission. We highly recommend you get legal advice before making a claim in any tribunal.

If you’re unsure which system applies to your employment, you can contact the Fair Work Commission Help Line, Wageline or the Employment Law Centre of WA (now part of Circle Green Community Legal) for more information.

Is there a time limit for making a denied contractual benefits application?
Yes, there is. Claims for unpaid employee benefits need to be started within six years of the benefits becoming payable. It’s advisable to start your application as soon as possible.

Is there a lodgment fee?
Yes, making a claim involves a lodgement fee. Check with the WA Industrial Relations Commission or the Fair Work Commission to find out what the relevant fee is.

What is unfair dismissal?
Unfair dismissal is when an employee's dismissal from employment is harsh, unjust, or unreasonable.

Is there a time limit for making an unfair dismissal application?
Yes, there is a time limit. If you are claiming in the Fair Work Commission, you have 21 days from the date of dismissal to make the application. If claiming in the WA Industrial Relations Commission, you have 28 days after the day of dismissal. These times may be able to be extended in some circumstances.

Next Steps

The Department of Mines, WA Industrial Relations Commission has a series of useful guides that may help you to resolve your dispute.

The Employment Law Centre of WA (Now part of Circle Green Community Legal) provides free information videos and fact sheets on employment issues. You can also contact their helpline for further information and advice.

You can also contact Wageline on 1300 655 266.

Mission

To connect people with information and services so they can make independent and informed decisions.

Informing Western Australia since 1963
  • Home
  • Get Help
    • Make a Will
    • Enduring Powers of Attorney
    • Enduring Powers of Guardianship
    • Divorce
    • Interaction between Family Law and Succession Law
    • Children's Matters
    • Property Matters
    • Property Orders
    • Applying for a Family Violence Restraining Order (FVRO)
    • Applying for a Violence Restraining Order (VRO)
    • Differences between FVRO and VRO
    • Apply for Probate
    • Administering the Estate of the Deceased after a Grant of Probate has been Obtained
    • Duties of an Executor
    • Letters of Administration
    • Administering the Estate of the Deceased after a Grant of Letters of Administration has been Obtained
    • eLodgment of Court Documents
    • Dividing Fences
    • Overhanging Branches and Roots
    • Consumer Issues
    • Disputes with your Employer
    • Claim Criminal Injuries Compensation
    • Issues with Dogs
    • Issues with Cats
    • Useful Contacts
    • Privacy
  • Legal Advice
    • Preparing for your Appointment
    • Legal Document Fees
    • Payment and Cancellations
    • Community Legal Centres in WA
  • Mediation
    • Family and Child Mediation
    • Community Mediation
    • Commercial Mediation
  • Shop
  • Volunteer
  • About Us
    • Our Services
    • Branches
    • Board and Staff
    • Publications
    • Privacy Policy
    • Feedback
    • Terms of Use
    • Our Partners
    • Branch Login
  • Contact
Recognised Mediator Accreditation Body to 2021 Citizens Advice Bureau Registered Charity
National Association of Community Legal Centres
^Top

The Citizens Advice Bureau of WA acknowledges the traditional custodians of this incredible land on which our offices are located. We pay our respects to elders past, present and emerging, and hope for a future that is kind, fair and has meaningful reconciliation.


Disclaimer for our website: This website is presented by the Citizens Advice Bureau (CAB) for the purpose of disseminating information free of charge for the benefit of the public. CAB monitors the quality of the information available on this website and updates the information regularly. However, CAB does not guarantee, and accepts no legal liability whatsoever arising from, or connected to, the accuracy, reliability, currency or completeness of any material contained on this website or on any linked site. CAB recommends that users exercise their own skill and care with respect to their use of this website and that users carefully evaluate the accuracy, currency, completeness and relevance of the material on the website for their purposes. This website is not a substitute for independent professional advice and users should obtain any appropriate professional advice relevant to their particular circumstances.

* The Citizens Advice Bureau does not accept responsibility for any inaccuracies in the translation.

Copyright © 2022 All Rights Reserved