The Commission has dismissed an application for unfair dismissal on the basis that the employer was a national system employer.

Background

On 23 September 2020, the applicant filed an unfair dismissal application with the Commission.

On 8 October 2020, the respondent filed a response and raised a jurisdictional objection, on the basis that it was a trading corporation and thus, a national system employer.  The respondent later provided witness statements and written submissions relating to the jurisdictional objection.

The applicant was invited to provide documentation in response to these objections, however nothing was provided.

Conclusions

The Commission found that the respondent had conclusively demonstrated that the employing entity, Krazy Price Group Pty Ltd, was a trading corporation.

The Commission considered that Krazy Price Group Pty Ltd ran small retail businesses selling homewares, party supplies, art and craft wares, pet supplies, toys, giftware, and similar items direct to the public.

The Commission found that the employer engaged in trade to earn revenue and was a quintessential trading organisation.

The Commission dismissed the application for want of jurisdiction.

The decision can be read here.