Western Australian Consolidated Acts Western Australian Consolidated Acts (1) Subject to
subsection (2), the Commission must not determine a claim of harsh,
oppressive or unfair dismissal from employment if the dismissed employee has
lodged an application with the Australian Commission for relief in respect of
the termination of that employment.
(2) Despite
subsection (1) the Commission may determine the claim if the application
to the Australian Commission is —
(a)
withdrawn; or
(b)
rejected or dismissed on the ground that it is not within the jurisdiction of
the Australian Commission to determine the application.
(3) The Commission
must not determine a claim of harsh, oppressive or unfair dismissal from
employment if —
(a) an
industrial instrument does not apply to the employment of the employee; and
(b) the
employee’s contract of employment provides for a salary exceeding the
prescribed amount.
(4) The Commission
must not determine a claim that an employee has not been allowed by his or her
employer a benefit to which the employee is entitled under a contract of
employment if —
(a) an
industrial instrument does not apply to the employment of the employee; and
(b) the
employee’s contract of employment provides for a salary exceeding the
prescribed amount.
(5) In this
section —
"industrial instrument" means —
(a) an
award;
(b) an
order of the Commission under this Act that is not an order prescribed by
regulations made by the Governor for the purposes of this section;
(c) an
industrial agreement; or
(d) an
employer-employee agreement;
"prescribed amount" means —
(a)
$90 000 per annum; or
(b) the
salary specified, or worked out in a manner specified, in regulations made by
the Governor for the purposes of this section.
[Section 29AA inserted by No. 20 of 2002
s. 140(1) 4 ; amended in Gazette 15 Aug 2003
p. 3686.]