Types of employees
The types of claims you can make depend on who your employer is and how you are employed.
Private sector employees
Employees who are employed in the private sector and by some local government authorities can make applications to the Commission.
The Commission is able to deal with an application from a private sector employee where the employer is unincorporated – that is, the employer is a partnership, sole trader, or is a corporation which does not substantially engage in trading or financial activities (known as State system employers). This includes some local government authorities and non-for profit organisations.
The Commission cannot deal with an unfair dismissal application from a private sector employee where the employer is a trading, financial or foreign corporation (a 'constitutional corporation'), or the Commonwealth government (known as a national system employee).
Denied Contractual Benefit
While only State system employees may be eligible to lodge an unfair dismissal application, both State and national system employees can make a contractual benefit claim.
Government officers are:
- people employed and paid a salary by a public authority. This includes State government departments, statutory bodies, agencies and Ministers of the Crown;
- public service officers;
- parliamentary and electoral office staff;
- members of the Governor’s Establishment; or
- some employees appointed before 1 March 1985.
Most government officers will be covered by the first two points.
Government officers are not:
- some railway officers; or
- post secondary academics.
Generally speaking, government officers are eligible to make applications to the Public Service Arbitrator and appeals to the Public Service Appeal Board in relation to their employment.
The types of appeals that can be made by a government officer to the Public Service Appeal Board include:
Government officers may apply to the Public Service Arbitrator for a review of their classification level or position title (see the information sheet attached to Form 8A - Application for Reclassification).
Public service officers
A public service officer is a fixed term, permanent or executive officer, who is employed in the Public Service (for a definition of these terms, see Public Sector Management Act 1994 (WA)). Broadly speaking, the Public Service is made up of government departments and other government organisations. Not all government employees are public service officers. For example, if an employee is appointed casually, they are unlikely to be a ‘public service officer’. If an employee is appointed to assist a political office holder, they are not an employee of the Public Service, and therefore are not public service officers.
In addition to the applications and appeals that can be made by government officers, public service officers are also able to initiate an appeal to the Public Service Appeal Board against a decision of their employer in relation to an interpretation of any section of the Public Sector Management Act 1994 (WA), and any provision of the regulations made under that Act, regarding their conditions of employment (other than salaries and allowances). For more information see the information sheet attached to Form 8B - Notice of Appeal,- Government Officers, Public Service Officers.
Other government employees
The category of 'other government employees' refers to those employees who are not government officers or public service officers but are (or were) employed under the Public Sector Management Act 1994 (WA). For more information on the types of claims that can be made, see Other government employees.
Apprentices, police officers, prison and youth custodial officers
There are a number of specific applications that can be made by apprentices, police officers, prison and youth custodial officers.
- Apprentices may file an appeal against a decision of the Chief Executive Officer, Department of Training and Workforce Development to cancel or terminate a training contract (apprenticeship).
- Police officers who have been removed from the police force may file an appeal against the decision of the Commissioner of Police under section 33P of the Police Act 1892 (WA).
- Prison officers who have been removed from office may file an appeal against the decision of the Chief Executive Officer, Department of Justice under section 106 of the Prisons Act 1981 (WA).
- Youth custodial officers who have been removed from office may file an appeal against the decision of the Chief Executive Officer, Department of Justice under section 11CH of the Young Offenders Act 1994 (WA).
For more information, please see Form 8C - Notice of Appeal or Referral.
Unsure / other
If you are unsure about the status of your employment or whether you may be eligible to make a claim, you may wish to seek legal advice or see our list of external resources.