Key time limits
| Step | Time limit | Source |
|---|---|---|
| Reply to a disciplinary charge | 7 working days after you receive the charge | Fire Brigades Regulations r 137A(1) |
| Appeal a delegate's finding or decision to the FES Commissioner | 7 days after you receive notice of it | r 137F(3) |
| Appeal the FES Commissioner's finding or decision to the Appeal Board | 7 days after you receive notice of it | r 137G(3) |
| WA unfair dismissal claim (where it is available) | 28 days after the employment ends | IR Act s 29(2)(a) |
| Damaging action claim | 6 years | IR Act s 82A |
| Equal opportunity complaint | 12 months, or later on good cause | Equal Opportunity Act 1984 s 83(4)–(5) |
| Fair Work unfair dismissal or general protections dismissal claim (Ventia, Airservices) | 21 days after the dismissal takes effect | FW Act s 394(2)(a), s 366(1)(a) |
Reply to a disciplinary chargeTime limit: 7 working days after you receive the charge
Appeal a delegate's finding or decision to the FES CommissionerTime limit: 7 days after you receive notice of it
- Source
- r 137F(3)
Appeal the FES Commissioner's finding or decision to the Appeal BoardTime limit: 7 days after you receive notice of it
- Source
- r 137G(3)
WA unfair dismissal claim (where it is available)Time limit: 28 days after the employment ends
- Source
- IR Act s 29(2)(a)
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Damaging action claimTime limit: 6 years
- Source
- IR Act s 82A
Equal opportunity complaintTime limit: 12 months, or later on good cause
Fair Work unfair dismissal or general protections dismissal claim (Ventia, Airservices)Time limit: 21 days after the dismissal takes effect
- Source
- FW Act s 394(2)(a), s 366(1)(a)
The 7-day appeal window is the one members most often miss. If the last day falls on a Sunday or a public holiday, the period runs to the next day (r 2A); a Saturday is not excluded. The chairperson of the Appeal Board can enlarge time (r 140), but do not rely on it.
The short version
If you are a DFES career firefighter, discipline is not run under the general public sector rules and it is not something the Western Australian Industrial Relations Commission (WAIRC) can supervise. It is a self-contained code in Part VI Division 3 of the Fire Brigades Regulations, with its own appeal to a three-member Appeal Board. Because that code exists and includes an appeal, the IR Act stops the Commission from regulating discipline or a disciplinary dismissal (s 23(3)(d)).
That makes the regulations, and the 7-day appeal deadline, the main event. Other routes still exist for some situations: damaging action, discrimination, enforcing the agreement, bullying and sexual harassment, and workers' compensation. They are set out below, with a table of options at the end.
Who the regulations apply to
The Fire and Emergency Services Act 1998 (WA) (FES Act) employs people in DFES in three classes: public service officers, operational staff and wages staff (s 20(1)). Members and officers of a permanent fire brigade are operational staff (s 20(2)(a)).
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For operational staff:
(a) the public sector employment rules in Part 3 of the Public Sector Management Act 1994 (WA) do not apply (FES Act s 21(1));
(b) the powers "to engage, transfer, promote and otherwise manage" them belong to the FES Commissioner (s 21(2));
(c) their pay and conditions must not be less favourable than the applicable award or industrial agreement, or the Minimum Conditions of Employment Act 1993 (WA) (s 21(3));
(d) they may be engaged permanently or "for a period not exceeding 5 years" (s 21(4)(b)).
The disciplinary code applies to an "employee", which the regulations define as a member of the operational staff (r 96). Every approved candidate must also undergo a medical examination by the Department's medical officer as to suitability before appointment (r 97).
If you work in DFES as a public service officer rather than as operational staff, a different discipline regime applies (Public Sector Management Act 1994 Part 5), with a referral to the WAIRC within 28 days of the decision (IR Act s 29(1)(i), s 29(2)(c)). See our page on the WA public sector.
The disciplinary process, step by step
All references are to the Fire Brigades Regulations 1943 (consolidation as at 1 July 2024).
1What counts as a breach of disciplineThe Regulations list seven kinds of conduct that are a breach of discipline. They include negligence, incompetence within your control, being impaired on duty and disobeying a lawful order. The widest is "disgraceful or improper conduct", which can reach what you do off duty, including online.r 134
An employee commits a breach of discipline if the employee (r 134):
(a) breaches the Fire Brigades Act 1942 (WA) or its regulations;
(b) is negligent or careless in the discharge of duties;
(c) is inefficient or incompetent through causes that appear to be within the employee's own control;
(d) is on duty while under the influence of or impaired by alcohol, a targeted drug or both, or, while on duty, consumes, uses or possesses them (r 134(d), (da)); "targeted drug" covers drugs under the Misuse of Drugs Act 1981 (WA) and Schedule 2, 3 and 4 poisons (r 96), and any other drug or substance the FES Commissioner declares by notice in the Gazette (r 135);
(e) is guilty of "disgraceful or improper conduct either in his official capacity or otherwise";
(f) wilfully disobeys or disregards a lawful order or instruction; or
(g) wilfully supplies the FES Commissioner with incorrect or misleading information in connection with being employed in the Department.
Paragraph (e) reaches conduct off duty, including what you post online. The published case below began with a letter about a social media comment.
Separately, r 133 lists conduct rules for officers and members, such as not communicating with the media without authority (r 133(c)) and not acting in a way that imperils the discipline, good order or reputation of the brigade (r 133(i)). Breaching a regulation is itself a breach of discipline under r 134(a).
2The FES Commissioner's first decisionWhen the FES Commissioner learns of a possible breach, there are four choices: lay a charge, suspend you, take improvement action such as counselling, or do nothing. The Commissioner can investigate first. You are entitled to a union advocate during that investigation.r 136
When the FES Commissioner becomes aware that an employee may have committed a breach of discipline, the Commissioner must decide to do one or more of the following, or to take no action (r 136(1)):
(a) make a disciplinary charge;
(b) suspend the employee on full pay, partial pay or without pay;
(c) take improvement action.
"Improvement action" means counselling, training and development, a warning that certain conduct is unacceptable, or similar action (r 96). The Commissioner may investigate first (r 136(4)). During that investigation you are entitled to be represented by an advocate from your union, or by a person the FES Commissioner approves if you are not a member (r 136(5)).
A charge must be recorded in writing (r 136(2)(a)). A decision to suspend or to take improvement action must be given to you in writing (r 136(3)).
3SuspensionYou can be suspended only if the alleged breach means you should not keep doing your job. The suspension can be on full pay, part pay or no pay. If no charge is made, the charge is withdrawn or you are cleared, it must be lifted and any pay withheld is restored.r 137
The FES Commissioner may suspend you only if the alleged breach "is of such a nature that the employee should not continue in the performance of the employee's duty" (r 137(1)). The suspension can be lifted or varied at any time (r 137(2)). It must be lifted if no charge is made, the charge is withdrawn, or you are found not to have committed a breach (r 137(3)).
Pay withheld during a suspension is restored if the suspension is removed for one of those reasons (r 137(5)), and forfeited if a breach is found (r 137(4)).
4The charge, and your 7 working daysYou must be given the charge in writing and told to reply within 7 working days. Your reply says whether you admit or deny it, signed by you or your representative. If you do not reply in time, you are taken to deny the charge.r 137A
You must be given a copy of the charge and a written notice to reply in writing within 7 working days after you receive it (r 137A(1)). The reply must say whether you admit or deny the charge and be signed by you or your representative (r 137A(2)). If you do not reply in time, you are taken to deny the charge (r 137A(3)).
The FES Commissioner may withdraw a charge at any time by written notice (r 137B). Notices under the code must be given to you, or to the person acting for you, personally or by registered post (r 142A).
5The inquiryThe Commissioner must hold an inquiry as soon as practicable. You get at least 7 days’ written notice and copies of every document to be used. A union advocate can represent you, and you can ask for the record of the proceedings.r 137C, r 139
The FES Commissioner must hold an inquiry into the charge as soon as practicable (r 137C(1)), and must give you:
(a) written notice of the time and place at least 7 days before it starts (r 137C(2)(a)); and
(b) copies of all documents intended to be used at it (r 137C(2)(b)).
If you were properly notified and do not attend, it can go ahead without you (r 137C(3)). At the inquiry you may be represented by a union advocate (r 139(1)(a)) and must, if the presiding authority directs, give evidence on oath and be cross-examined (r 139(1)(b)). The proceedings are recorded, and you can ask in writing for a copy, which must be given within 4 days of the end of the proceedings (r 139(2)). The presiding authority decides whether it is heard in public or private (r 139(3)).
At the end the FES Commissioner must find that you did or did not commit a breach of discipline, and tell you in writing (r 137C(4)–(5)).
6If the charge is not proved: your costsIf the inquiry finds you did not commit a breach, DFES must pay the reasonable expenses you incurred defending the charge. The FES Commissioner fixes the amount. Any suspension must also be lifted and withheld pay restored.r 137E
If the finding is that you did not commit a breach, you must be paid the reasonable expenses you incurred defending the charge at the inquiry, as fixed by the FES Commissioner (r 137E).
7If a breach is found: what can happenIf a breach is found, the Commissioner can take disciplinary action, improvement action, both, or none. Disciplinary action ranges from a caution or a fine of up to 5 days’ pay, through demotion or a transfer, to dismissal.r 96, r 137D
The FES Commissioner must decide to take disciplinary action, improvement action, both, or no action (r 137D). "Disciplinary action" is one or more of (r 96):
| Disciplinary action | Limit |
|---|---|
| A caution | |
| A fine | Up to the pay you received for your last 5 days at work before the finding |
| Reduction in rank, class or status | |
| A transfer | To a district or workplace other than the one where the conduct happened |
| Termination of employment |
A cautionLimit:
A fineLimit: Up to the pay you received for your last 5 days at work before the finding
Reduction in rank, class or statusLimit:
A transferLimit: To a district or workplace other than the one where the conduct happened
Termination of employmentLimit:
A fine must be paid to the FES Commissioner and can be recovered as a debt (r 142).
8Appeals: two levels, 7 days eachThere are two levels of appeal, and each has a 7-day deadline. A delegate’s decision goes to the FES Commissioner; the Commissioner’s decision goes to the Appeal Board. You can appeal the finding, the penalty, or both.r 137F, r 137G
| Who made the decision | Appeal to | Deadline | Source |
|---|---|---|---|
| A delegate of the FES Commissioner | The FES Commissioner | 7 days after you receive notice | r 137F(2)–(3) |
| The FES Commissioner (including on an appeal from a delegate) | The Appeal Board | 7 days after you receive notice | r 137G(2)–(3) |
A delegate of the FES CommissionerAppeal to: The FES Commissioner
- Deadline
- 7 days after you receive notice
- Source
- r 137F(2)–(3)
The FES Commissioner (including on an appeal from a delegate)Appeal to: The Appeal Board
- Deadline
- 7 days after you receive notice
- Source
- r 137G(2)–(3)
You can appeal against the finding that you committed a breach, against the action taken, or both (r 137F(1), r 137G(1)). The grounds are "innocence of the disciplinary charge or excessive severity of the action taken" (r 138(2)(h)).
The notice of appeal must give details of the decision, set out the grounds, and be signed by you or your representative (r 137H(2)). It must be given to the FES Commissioner personally or by registered post (r 137H(3)). An email may not be enough.
9The Appeal BoardThe Appeal Board has three members. A magistrate, or someone qualified to be one, chairs it, and your union nominates one member. It decides by majority and follows criminal appeal procedure as nearly as practicable.r 137I
The Appeal Board is a chairperson and 2 members appointed by the FES Commissioner (r 137I(1)):
(a) the chairperson must be a magistrate or, if a magistrate is unable or unwilling to act, a person qualified to be appointed as one (r 137I(2));
(b) one member must be nominated by your union, or by you if you are not a member of a union (r 137I(3));
(c) it decides by majority (r 139(7)).
The procedure follows, as nearly as practicable, Part 3 of the Criminal Procedure Act 2004 (WA) and Part 2 of the Criminal Appeals Act 2004 (WA), subject to the chairperson's directions (r 139(4)). People can be summoned to give evidence (r 139(6)).
10How the appeal runsA time for deciding the appeal must be set within 28 days of the Commissioner receiving your notice, with at least 7 days’ notice of the hearing. The Board can confirm, vary or set aside the decision and substitute its own. It can also award you your reasonable expenses.r 138
For an appeal at either level (r 138(2)):
(a) the appeal body must appoint a time for determining the appeal, and that time must be within 28 days of the FES Commissioner receiving the notice of appeal (r 138(2)(a)–(b));
(b) the parties get at least 7 days' written notice of the hearing (r 138(2)(c));
(c) the appeal body may confirm, vary or set aside the finding or decision, and substitute its own (r 138(2)(d)); if it sets aside the finding, it must also set aside the action based on it (r 138(2)(e));
(d) it may award you the reasonable expenses of conducting your case (r 138(2)(g)).
11If a step is missedIf a step in the process is missed or done late, the chairperson of the Appeal Board can fix it and enlarge the time. That power covers a missed deadline on either side. It is a discretion, so do not rely on it.r 140
If anything required by r 136, 137, 137A, 137C, 137F, 137G, 137H, 138 or 139 is not done, or not done in the right way or within the time, the chairperson of the Appeal Board may take appropriate measures to rectify the omission, validate the irregularity and enlarge the time (r 140). That power covers your missed deadline, and also the Department's.
12After a criminal convictionIf you are convicted of a serious offence, the Commissioner can take disciplinary action after giving you a chance to make a submission. That action is disciplinary. But it is not on the list of decisions that can go to the Appeal Board.r 141
If an employee is convicted or found guilty of a serious offence (broadly, an indictable offence, wherever committed), the FES Commissioner may take disciplinary action, improvement action, both, or none, after giving the employee an opportunity to make a submission (r 141(1)–(3)). This decision is not one of the "appellable decisions" listed for the Appeal Board (r 137G(1)).
Why a WA unfair dismissal claim is usually not available
In most WA state-system jobs, an employee who is dismissed can refer a claim that the dismissal was "harsh, oppressive or unfair" to the WAIRC within 28 days (IR Act s 29(1)(c), s 29(2)(a)). See our page on WA unfair dismissal.
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For DFES operational staff, s 23(3)(d) of the IR Act gets in the way. In plain terms, it says the Commission must not regulate suspension, discipline, dismissal, termination or reinstatement of an employee if:
(a) another Act (including regulations made under it) provides for that matter; and
(b) that other Act also provides for an appeal in a matter of that kind (s 23(3)(d)).
The Fire Brigades Regulations do both. They set out the FES Commissioner's disciplinary powers, they list termination as a form of disciplinary action (r 96), and they give an appeal to the Appeal Board (r 137G). In [2023] WAIRC 00399 the Commission recorded that it was "not in dispute" that the regulations "set out the FES Commissioner's powers to discipline firefighters and provide an avenue for appeal" ([47]), and held that "s 23(3)(d) of the IR Act operates to prevent the Commission from regulating discipline in relation to firefighters" ([49]).
That case was a dispute brought by the union under s 44, not an unfair dismissal claim. But the same reasoning applies to a dismissal: if DFES terminates your employment as disciplinary action under r 96, the WAIRC very likely cannot hear an unfair dismissal claim about it, and your remedy is the appeal under the regulations. That is why the 7-day deadline matters so much.
The Public Service Arbitrator and the Public Service Appeal Board were abolished on 31 January 2025, when Part IIA of the IR Act was deleted (IR Act Part IIA, ss 80C–80S and 80U–80W, deleted by No. 43 of 2024 s 57). Older advice that points you to either body is out of date.
Terminations with no appeal under the regulations: the law is unsettled
Not every termination is disciplinary action, and not every disciplinary termination can be appealed. Examples include:
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(a) a medical retirement, or a termination because you can no longer do the work;
(b) not renewing, or ending, an engagement for a fixed period of up to 5 years (FES Act s 21(4)(b));
(c) disciplinary action, including termination, taken after a criminal conviction under r 141, which has no listed appeal to the Appeal Board (r 137G(1)).
Whether a WAIRC unfair dismissal claim is open for these is not settled. One view is that s 23(3)(d) only bites where the other Act provides an appeal "in a matter of that kind", so a termination the regulations give no appeal against stays within s 29(1)(c). The other view is that the regulations cover termination as a subject, so the bar applies anyway. We have not found a published decision on this point for firefighters. A member in this position should get advice quickly and, to be safe, lodge within 28 days.
Other routes that may still be open
Damaging action: punished for raising a complaint
Part 6B of the IR Act protects you from damaging action because you are able to make an employment-related inquiry or complaint, to DFES or to someone else (s 97A(1)). Damaging action includes dismissal, altering your position to your disadvantage, refusing to promote or transfer you, otherwise injuring you in your employment, or threatening any of these (s 97).
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How it works:
(a) you prove the damaging action; then DFES must prove it did not act because you made or proposed to make the inquiry or complaint (s 97A(2));
(b) the claim goes to the Industrial Magistrates Court, within 6 years (s 82A, s 83E);
(c) the court can order reinstatement after a dismissal and compensation for loss or injury (s 97B(2)), and civil penalties of up to $93,000 for a body corporate ($930,000 for a serious contravention) and $18,000 for an individual ($180,000 if serious) (s 83E(1));
(d) a person "involved in" the contravention, such as a manager, can also be liable (s 83E(1A)–(1B)).
Two points are untested for firefighters. First, s 23(3)(d) limits "the Commission", and whether it reaches a claim in the Industrial Magistrates Court about a disciplinary decision has not been decided. Second, the court must not make orders if you have sought relief "under another provision of this Act or any other written law" for the same damaging action, unless that claim was withdrawn or failed for want of jurisdiction (s 97B(5)). An appeal to the Appeal Board under the regulations may count as such a claim. Think about both before you file anything.
Our damaging action page explains the claim in full.
Discrimination: the Equal Opportunity Act 1984
The Equal Opportunity Act 1984 (WA) makes it unlawful for an employer to discriminate against an employee on grounds including impairment and age, for example by dismissing the employee or subjecting them to any other detriment (s 66B(2), s 66W). A complaint goes to the Commissioner for Equal Opportunity within 12 months, or later on good cause (s 83(4)–(5)). Your union can lodge the complaint on your behalf (s 83(1)(c)). If it goes to the State Administrative Tribunal, damages are capped at $40,000 (s 127(b)(i)).
Two exceptions matter most for firefighters:
(a) impairment: it is not unlawful to refuse employment or to dismiss someone because of an impairment if it is reasonable for the employer to conclude, after taking all reasonable steps to get the relevant medical information, that the person would be unable to carry out work reasonably required, or would need services or facilities that impose unjustifiable hardship (s 66Q(1));
(b) age: terms imposed "to comply with health and safety considerations which are reasonable in the circumstances" are not unlawful (s 66ZM(1)), and voluntary retirement or severance schemes may be offered by age (s 66ZN(1)).
Both exceptions turn on evidence. An employer that relies on a general assumption about a condition or an age, rather than the individual's medical evidence, may not be able to use them. See our discrimination page.
Enforcing the agreement or award
If DFES does not give you something the agreement, the award or the minimum conditions require, you, your union or an industrial inspector can apply to the Industrial Magistrates Court to enforce it (IR Act s 83(1)), within 6 years (s 82A). Unpaid entitlements can be ordered back. This is a claim about entitlements, not a review of a disciplinary decision.
Bullying and sexual harassment
Since the 2024 amendments, a worker who reasonably believes they have been bullied at work can apply to the WAIRC for a stop bullying order (IR Act s 29(1)(e), s 51BJ). The Commission must start dealing with it within 14 days (s 51BK(1)), and cannot order compensation (s 51BM(3)). Reasonable management action carried out in a reasonable manner is not bullying (s 51BI(2)), and a disciplinary process can be reasonable management action.
A person sexually harassed in connection with work can apply for a stop sexual harassment order, refer the matter to the Commission, or both (s 29(1)(f), s 51BT(1)). The Commission may dismiss a proceeding started more than 24 months after the last alleged incident (s 51BU). See bullying and sexual harassment (WA).
Workers' compensation, and stress claims about discipline
If you are injured or become ill at work, see our page on cancer, PTSD and workers' compensation. Two points connect it with discipline:
(a) a psychological injury is not compensable if it results wholly or predominantly from reasonable administrative action, which includes suspension and disciplinary action, unless that action was "unreasonable and harsh on the part of the employer" (Workers Compensation and Injury Management Act 2023 s 7);
(b) for 12 months after an injured worker first becomes incapacitated, the employer must not dismiss the worker solely or mainly because of the incapacity, and must give 28 days' notice in the approved form before dismissing for any reason (s 168(2)–(4)). A lawful dismissal ends the obligation to keep your position open (s 166(3)).
Colour vision and the recruit medical: the tribunal accepted DFES's predecessor's risk case
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The candidate had applied four times; at the final stage, a pre-employment health assessment found he was colour vision deficient ([1]-[2]). An optometrist gave the wrong test and the wrong conclusion, and FESA then paid for him to sit a clinical test in Sydney that simulated colour-critical firefighting tasks, which it had never done for a candidate before ([2]). He failed it, his diagnosis as "strongly deuteranomal" was confirmed, and FESA rejected him as medically unfit ([3]). He had already been sent for a uniform fitting, which he took as a sign he would be accepted ([4]).
He complained to the Commissioner for Equal Opportunity on 10 July 2007, and the complaint was referred to the tribunal on 6 December 2007 ([16]). FESA admitted that it had directly discriminated against him in deciding who would be offered employment, but relied on the exception for impairment in s 66Q of the Equal Opportunity Act 1984 (WA) ([6], [355] finding 3).
The tribunal found that colour is "a critical component of the inherent firefighting duties", and that his deficiency posed an unacceptable risk to himself, other firefighters and the public ([8]). The practical test was "a fair and practical means of objectively assessing" his individual capacity ([10]). FESA "had sufficient regard" to his individual circumstances and could reasonably conclude he could not do the work ([355] finding 6). The indirect discrimination claim also failed ([354]), and the application was dismissed (Order).
The exception lets an employer refuse a job because of an impairment where, having taken all reasonable steps to get the relevant information, it is reasonable to conclude that the person could not carry out the work reasonably required, or would need services or facilities that would impose unjustifiable hardship (EO Act s 66Q(1)(a)-(b)). A member or candidate facing a medical exclusion may be able to ask for an individual, task-based assessment rather than a blanket rule; here FESA's offer of one weighed in its favour ([9]-[10]).
Outcome: Dismissed: complaint of impairment discrimination failed (for FESA).
Trainee firefighters
Trainee Firefighter is the first classification in the agreement; a trainee progresses to 5th Class on attaining the trainee skills and competencies (WES335 cl 12(2)(a)(i)). On the text:
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(a) a trainee engaged as operational staff is an "employee" under the regulations (r 96), so the disciplinary code and its appeals apply to a trainee who is charged;
(b) if a trainee is engaged for a fixed period (FES Act s 21(4)(b)) and is not kept on, that is probably not disciplinary action, and the unsettled question above applies;
(c) a trainee who fails a medical standard may have an Equal Opportunity Act complaint, subject to the s 66Q exception, and the employer must have taken reasonable steps to get the medical facts.
We have not confirmed whether DFES engages trainees on fixed terms, or whether trainees are operational staff from their first day of the trainee school. Check your letter of offer.
Defence base and airport firefighters: the Fair Work system
Firefighters employed by Ventia on Defence sites in WA, and by Airservices Australia at airports, are not DFES employees. Ventia is a company and Airservices is a Commonwealth authority, so both are national system employers (FW Act s 14(1)). Their crews work under federal enterprise agreements: the Ventia Fire and Rescue Enterprise Agreement 2023 (AE523802) and the Airservices Australia (Aviation Rescue and Fire Fighting) Enterprise Agreement 2024-2027 (AE525449). The Fire Brigades Regulations do not apply to them.
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For these crews:
(a) unfair dismissal: apply to the Fair Work Commission within 21 days after the dismissal takes effect (s 394(2)(a)); you must have completed the minimum employment period of 6 months (12 months for a small business employer) and be covered by an award or enterprise agreement, or earn under the high income threshold (s 382, s 383); late applications need exceptional circumstances (s 394(3));
(b) general protections: an employer must not take adverse action, including dismissal, because of a protected attribute such as a physical or mental disability or age (s 351(1)), or because you have or exercised a workplace right (s 340(1)); a dismissal claim must be lodged within 21 days (s 366(1)(a)); there is no minimum employment period, and it can be brought by a recruit in training.
See our pages on unfair dismissal and general protections. The 21-day limit is shorter than the WA 28 days, and it is the deadline that catches federal-system crews who have been told about the WA rules.
Your options by situation
| Your situation | Forum | Time limit | What you can get | Source |
|---|---|---|---|---|
| DFES charged you with a breach of discipline | FES Commissioner's inquiry | Reply within 7 working days | Finding of no breach; your reasonable defence expenses | FBR r 137A, r 137C, r 137E |
| A delegate found a breach or took action against you | Appeal to the FES Commissioner | 7 days | Finding or action confirmed, varied or set aside | FBR r 137F, r 138 |
| The FES Commissioner found a breach, took action (including dismissal), or decided your first appeal | Appeal Board (magistrate chair, one union nominee) | 7 days; hearing fixed within 28 days | Finding or action confirmed, varied or set aside; reasonable expenses | FBR r 137G, r 137I, r 138 |
| You missed an appeal deadline | Ask the Appeal Board chairperson | As soon as possible | Time enlarged, irregularity validated | FBR r 140 |
| You were dismissed other than by appealable disciplinary action (medical, end of fixed term, after a conviction under r 141) | WAIRC unfair dismissal (availability unsettled) | 28 days | Reinstatement, or compensation up to 6 months' remuneration | IR Act s 29(1)(c), s 29(2)(a), s 23A(6)–(8) |
| DFES acted against you because you raised a complaint or inquiry | Industrial Magistrates Court (damaging action) | 6 years | Reinstatement, uncapped compensation, penalties | IR Act s 97A, s 97B, s 83E, s 82A |
| You were treated worse because of impairment, age or another ground | Commissioner for Equal Opportunity, then the State Administrative Tribunal | 12 months | Conciliation; damages up to $40,000 | EO Act s 66B, s 83, s 127 |
| DFES did not pay or give an entitlement under the agreement or award | Industrial Magistrates Court | 6 years | Unpaid amounts, penalties | IR Act s 83, s 82A |
| You are being bullied at work | WAIRC stop bullying order | None fixed | Orders to stop the bullying; no compensation | IR Act s 29(1)(e), s 51BJ, s 51BM |
| You were sexually harassed in connection with work | WAIRC | May be dismissed after 24 months | Stop orders; on a referral, orders including compensation | IR Act s 29(1)(f), s 51BT, s 51BU, s 51BZ |
| You were injured and dismissed within 12 months | WorkCover WA process; offences under the Act | Within the 12-month obligation period | Position kept open; 28 days' notice before dismissal | WCIM Act s 166, s 168 |
| You are a Ventia or Airservices firefighter and were dismissed | Fair Work Commission | 21 days | Reinstatement or compensation (unfair dismissal); orders and compensation (general protections) | FW Act s 394, s 366, s 351 |
DFES charged you with a breach of disciplineForum: FES Commissioner's inquiry
- Time limit
- Reply within 7 working days
- What you can get
- Finding of no breach; your reasonable defence expenses
- Source
- FBR r 137A, r 137C, r 137E
A delegate found a breach or took action against youForum: Appeal to the FES Commissioner
- Time limit
- 7 days
- What you can get
- Finding or action confirmed, varied or set aside
- Source
- FBR r 137F, r 138
The FES Commissioner found a breach, took action (including dismissal), or decided your first appealForum: Appeal Board (magistrate chair, one union nominee)
- Time limit
- 7 days; hearing fixed within 28 days
- What you can get
- Finding or action confirmed, varied or set aside; reasonable expenses
- Source
- FBR r 137G, r 137I, r 138
You missed an appeal deadlineForum: Ask the Appeal Board chairperson
- Time limit
- As soon as possible
- What you can get
- Time enlarged, irregularity validated
- Source
- FBR r 140
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You were dismissed other than by appealable disciplinary action (medical, end of fixed term, after a conviction under r 141)Forum: WAIRC unfair dismissal (availability unsettled)
- Time limit
- 28 days
- What you can get
- Reinstatement, or compensation up to 6 months' remuneration
- Source
- IR Act s 29(1)(c), s 29(2)(a), s 23A(6)–(8)
DFES acted against you because you raised a complaint or inquiryForum: Industrial Magistrates Court (damaging action)
- Time limit
- 6 years
- What you can get
- Reinstatement, uncapped compensation, penalties
- Source
- IR Act s 97A, s 97B, s 83E, s 82A
You were treated worse because of impairment, age or another groundForum: Commissioner for Equal Opportunity, then the State Administrative Tribunal
- Time limit
- 12 months
- What you can get
- Conciliation; damages up to $40,000
- Source
- EO Act s 66B, s 83, s 127
DFES did not pay or give an entitlement under the agreement or awardForum: Industrial Magistrates Court
- Time limit
- 6 years
- What you can get
- Unpaid amounts, penalties
- Source
- IR Act s 83, s 82A
You are being bullied at workForum: WAIRC stop bullying order
- Time limit
- None fixed
- What you can get
- Orders to stop the bullying; no compensation
- Source
- IR Act s 29(1)(e), s 51BJ, s 51BM
You were sexually harassed in connection with workForum: WAIRC
- Time limit
- May be dismissed after 24 months
- What you can get
- Stop orders; on a referral, orders including compensation
- Source
- IR Act s 29(1)(f), s 51BT, s 51BU, s 51BZ
You were injured and dismissed within 12 monthsForum: WorkCover WA process; offences under the Act
- Time limit
- Within the 12-month obligation period
- What you can get
- Position kept open; 28 days' notice before dismissal
- Source
- WCIM Act s 166, s 168
You are a Ventia or Airservices firefighter and were dismissedForum: Fair Work Commission
- Time limit
- 21 days
- What you can get
- Reinstatement or compensation (unfair dismissal); orders and compensation (general protections)
- Source
- FW Act s 394, s 366, s 351