Western Australian Numbered Acts

INDUSTRIAL RELATIONS LEGISLATION AMENDMENT ACT 2021 (NO. 30 OF 2021) - SECT 11

11 .         Section 23A amended

                Delete section 23A(2) and insert:

        (2)         In determining whether the dismissal of an employee was harsh, oppressive or unfair the Commission must have regard to the following —

            (a)         whether, at the time of the dismissal, the employee —

                  (i)         was employed for a probationary period agreed between the employer and employee; and

                  (ii)         had been employed on that basis for a period of less than 3 months;

            (b)         whether, at the time of the dismissal, the employee was employed in a private home to provide services directly to the employer or a member of the employer’s family or household.