WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION 2018 WAIRC 00663 CITATION : CORAM : D J HEARD : 9 2018, 10 2018, 15 2018 DELIVERED : 23 2018 FILE NO. : U 145 OF 2017 BETWEEN : Applicant AND Respondent CatchWords : Industrial law (WA) Claim of unfair dismissal Application – – accepted out of time Dismissal by small business Denial of – – procedural fairness Applicant unfairly dismissed Reinstatement – – impracticable Applicant would have been dismissed anyway – – Clash of personalities in a small business Applicant destroyed trust – and confidence Compensation for time it would have taken to – dismiss fairly Legislation : s 23A(8), s 29(3) Industrial Relations Act 1979 Result : Application upheld in part : D : R Reasons for Decision As at 13 October 2017 the applicant had been employed by the respondent as a Pharmacy Assistant for 14 and a half years. On that date the respondent handed the applicant a letter terminating her employment. The letter said that the applicant was "no longer required to attend the workplace" but concluded "in view of your service I am prepared to provide you with the equivalent of 4 weeks pay."
WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION CITATION : 2018 WAIRC 00663 CORAM : D J HEARD : 9 2018, 10 2018, 15 2018 DELIVERED : 23 2018 FILE NO. : U 145 OF 2017 BETWEEN : Applicant AND Respondent CatchWords : Industrial law (WA) – Claim of unfair dismissal – Application accepted out of time – Dismissal by small business – Denial of procedural fairness – Applicant unfairly dismissed – Reinstatement impracticable – Applicant would have been dismissed anyway – Clash of personalities in a small business – Applicant destroyed trust and confidence – Compensation for time it would have taken to dismiss fairly Legislation : Industrial Relations Act 1979 s 23A(8), s 29(3) Result : Application upheld in part : D : R Reasons for Decision As at 13 October 2017 the applicant had been employed by the respondent as a Pharmacy Assistant for 14 and a half years. On that date the respondent handed the applicant a letter terminating her employment. The letter said that the applicant was "no longer required to attend the workplace" but concluded "in view of your service I am prepared to provide you with the equivalent of 4 weeks pay."
U-145-2017-201800663.DOCX