Unfair dismissal claim dismissed: employer found to be a trading corporation.
The Commission found that it lacked jurisdiction to hear the applicant’s unfair dismissal claim because the employer was an incorporated body and a trading corporation, based on an overall assessment.
The applicant, a former Retail Manager, was dismissed based on allegations of misconduct and contended that her termination was harsh, oppressive, and unfair. While the respondent argued that her actions constituted a clear breach of duties and responsibilities not in line with the organisation's policies and values.
Additionally, the respondent asserted its status as a national system employer under the Fair Work Act 2009, contending that the Commission lacked jurisdiction to hear the claim. The applicant explained that she initially applied to Fair Work Commission but was redirected to the Commission.
The applicant claimed that the retail and distribution centre sales, which she argued were not trading because the items were donated, were a significant part of the organisation's activities. However, she failed to provide evidence to support this assertion.
Commission Walkington determined that the respondent, as an incorporated body registered under the Association Incorporation Act 2015 (WA), became a corporation in accordance with that Act. Furthermore, the Commission found that the respondent qualified as a trading corporation based on an overall assessment of its operations, including retail and distribution centre sales. Consequently, due to its status as a trading corporation, the Commission lacked jurisdiction to hear the matter and dismissed the application.
The decision can be read here.