The applicant, who was employed as the Chief Executive Officer of the respondent local government authority, was summarily dismissed from his position for serious misconduct. Subsequently, the applicant filed an unfair dismissal claim against the respondent.

The applicant contended that the findings made against him were not supported by the available evidence and were not impartial, and that the investigation denied him procedural fairness. The applicant stated his gross salary was $192,213 and identified the Local Government Officers’ (Western Australia) Award 2021 (LGO Award) as applying to his employment.

The respondent denied that the termination was unfair and objected to the applicant referring his claim to the Commission, arguing that the Commission lacked jurisdiction because the applicant’s contract of employment provided for a salary exceeding the prescribed amount of $187,800 and no industrial instrument applied to him.

Senior Commissioner Cosentino determined that the Commission lacked jurisdiction to hear and determine the unfair dismissal claim, as an industrial instrument did not apply to the applicant’s employment and his salary exceeded the prescribed amount.

The decision can be read here.