An employer's words stating that an employee's contract is 'terminated' will be objectively characterised as a dismissal regardless of the employer's undisclosed subjective intention to continue the employment relationship on different terms. The Full Bench under s 49(4) of the Industrial Relations Act 1979 (WA) may substitute its own legal characterisation of facts found by the Commissioner without being confined to the Commissioner's characterisation.
The full text is available to signed-in members.