Western Australian Industrial Relations Commission

Five separate applications granted against the same employer

The Commission has granted applications by four employees for denied contractual benefits and an unfair dismissal claim against the same respondent. The applicants had named their employers on the applications as either “M4 Unit Trust / M4 Marketing” or “The Trustee for M4 Unit Trust”. However, Commissioner Matthews determined that the applicants' true employer was Richard Trainer and amended the respondent's name for each application. The respondent did not put in an appearance for any of the matters.

Matthews C considered each denied contractual benefits claim and the applicants' evidence separately, including their contracts of employment, time worked, rate of pay, and holiday and leave entitlements. The Commissioner ordered that the respondent pay to each applicant the determined sum of money owed to them for outstanding entitlements.

Turning to the unfair dismissal claim, the Commissioner concluded that the applicant's dismissal was unfair because she was not made aware of any shortcomings in her work, warned about possible implications for any alleged shortcomings or given any chance to improve. The Commission determined that reinstatement or re‑employment would be impracticable remedies. Matthews C considered that if the applicant was not unfairly dismissed, she would have continued in her employment into the indeterminate future. Therefore, Matthews C ordered that the respondent pay the applicant six months' of salary, which is the maximum amount of compensation allowed under the Industrial Relations Act 1979 (WA).

The decisions can be read here: U 69 of 2019, B 69 of 2019, B 95 of 2019, B 80 of 2019 and B 45 of 2019.

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