Western Australian Industrial Relations Commission

Unfair dismissal claim dismissed for lack of jurisdiction

The Commission has determined on the papers that it is unable to hear an unfair dismissal claim because the applicant was employed by a national system employer and the Commission does not have jurisdiction to hear the matter.

The applicant was employed by a mining contractor until his employment was terminated. He claimed that he was unfairly dismissed and applied to the Commission for compensation.

The respondent objected to the application on the basis that they are a national system employer and the Commission does not have the necessary jurisdiction. 

Commissioner Walkington considered whether the respondent was a trading corporation as defined under the Fair Work Act 2009. Walkington C applied relevant legal principle and found that the respondent was an incorporated entity with a main purpose to trade with the aim of generating a profit.

Walkington C concluded, on the undisputed information and documentation provided by the respondent, that the respondent was a trading corporation and the applicant was employed by a national system employer. Therefore, Walkington C found that the Commission did not have jurisdiction to deal with the applicant’s claim for unfair dismissal.

An order was issued dismissing the application for lack of jurisdiction.

The decision can be read here.

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