Lisa King -v- The Trustee for Sarahs Family Trust
Document Type: Order
Matter Number: U 23/2024
Matter Description: Unfair Dismissal Application
Industry: Services
Jurisdiction: Single Commissioner
Member/Magistrate name: Commissioner T B Walkington
Delivery Date: 1 Apr 2025
Result: Order issued
Citation: 2025 WAIRC 00202
WAIG Reference:
UNFAIR DISMISSAL APPLICATION
WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION
PARTIES LISA KING
APPLICANT
-V-
THE TRUSTEE FOR SARAHS FAMILY TRUST
RESPONDENT
CORAM COMMISSIONER T B WALKINGTON
DATE TUESDAY, 1 APRIL 2025
FILE NO/S U 23 OF 2024
CITATION NO. 2025 WAIRC 00202
Result Order issued
Representation
APPLICANT MS LISA KING
RESPONDENT MS SARAH O’SULLIVAN
Order
HAVING heard from the applicant on her own behalf, and Ms O’Sullivan on behalf of the respondent, the Commission, pursuant to the powers conferred on it under the Industrial Relations Act 1979 (WA), hereby orders —
1. THAT the respondent’s application made pursuant to s. 27(1)(a) of the Industrial Relations Act 1979 (WA) to dismiss U 23/2024 without hearing is hereby dismissed;
2. THAT respondent’s application in the alternative application to exclude witnesses from giving evidence in the proceedings is dismissed;
3. That parties have liberty to object to evidence at the hearing;
4. The applicant be granted to leave to file and serve an amended the outline of witness evidence for Anna Fleming by 17 April 2025;
5. THAT the applicant file and serve evidence to support her claims of loss or injury and mitigation of the loss, upon which she intends to rely, by no later than 17 April 2025;
6. THAT the respondent file and serve an outline/s of evidence in response to the further evidence of the applicant, upon which it intends to rely, by no later than 8 May 2025;
7. That orders 2025 WAIRC 00057, Direction numbers 3 and 4 are hereby set aside;
8. THAT the applicant file and serve an outline of submissions and any list of authorities, upon which they intend to rely, by no later than 22 May 2025;
9. THAT the respondent file and serve an outline of submissions and any list of authorities, upon which they intend to rely, by no later than 5 June 2025;
10. THAT this matter be listed for hearing for 3 days on a date to be fixed not before 12 June 2025; and
11. THAT the parties have liberty to apply on short notice.
COMMISSIONER T B WALKINGTON
UNFAIR DISMISSAL APPLICATION
WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION
PARTIES Lisa King
APPLICANT
-v-
The Trustee for Sarahs Family Trust
RESPONDENT
CORAM Commissioner T B Walkington
DATE TUESDAY, 1 APRIL 2025
FILE NO/S U 23 OF 2024
CITATION NO. 2025 WAIRC 00202
Result Order issued
Representation
Applicant Ms Lisa King
Respondent Ms Sarah O’Sullivan
Order
HAVING heard from the applicant on her own behalf, and Ms O’Sullivan on behalf of the respondent, the Commission, pursuant to the powers conferred on it under the Industrial Relations Act 1979 (WA), hereby orders —
- THAT the respondent’s application made pursuant to s. 27(1)(a) of the Industrial Relations Act 1979 (WA) to dismiss U 23/2024 without hearing is hereby dismissed;
- THAT respondent’s application in the alternative application to exclude witnesses from giving evidence in the proceedings is dismissed;
- That parties have liberty to object to evidence at the hearing;
- The applicant be granted to leave to file and serve an amended the outline of witness evidence for Anna Fleming by 17 April 2025;
- THAT the applicant file and serve evidence to support her claims of loss or injury and mitigation of the loss, upon which she intends to rely, by no later than 17 April 2025;
- THAT the respondent file and serve an outline/s of evidence in response to the further evidence of the applicant, upon which it intends to rely, by no later than 8 May 2025;
- That orders 2025 WAIRC 00057, Direction numbers 3 and 4 are hereby set aside;
- THAT the applicant file and serve an outline of submissions and any list of authorities, upon which they intend to rely, by no later than 22 May 2025;
- THAT the respondent file and serve an outline of submissions and any list of authorities, upon which they intend to rely, by no later than 5 June 2025;
- THAT this matter be listed for hearing for 3 days on a date to be fixed not before 12 June 2025; and
- THAT the parties have liberty to apply on short notice.
Commissioner T B Walkington