UNFAIR DISMISSAL APPLICATION

WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION

PARTIES Kerensa Leanne McGrane

APPLICANT

-v-

Sarah Jane Anderson as the trustee for the Ruby Bay Trust, trading as Ruby Bay Catering

RESPONDENT

CORAM Commissioner C Tsang

DATE Thursday, 26 September 2024

FILE NO. U 47 OF 2024

CITATION NO. 2024 WAIRC 00854

Result Direction issued

Representation 

Applicant No appearance

Respondent Ms S J Anderson

Direction

WHEREAS on 23 May 2024, the applicant filed a Form 2 – Unfair Dismissal Application;

AND WHEREAS on 24 July 2024, the respondent filed a Form 2A – Employer Response to Unfair Dismissal Application raising the jurisdictional objection that the applicant is not eligible to make a claim of unfair dismissal because the applicant was not dismissed as she was employed as a casual employee (Jurisdictional Objection);

AND WHEREAS on 5 September 2024, Notices of Hearing were issued to the parties listing the Jurisdictional Objection for a Directions Hearing on Thursday, 26 September 2024 at 2.15pm;

NOW THEREFORE, there being no appearance at the Directions Hearing from the applicant, and having heard from Ms S J Anderson on her own behalf, the Commission pursuant to the powers conferred under the Industrial Relations Act 1979 (WA), hereby directs –

1. THAT the Jurisdictional Objection be determined on the papers.

2. THAT the applicant file any affidavits, sworn or affirmed in accordance with ss 8–‍9 of the Oaths, Affidavits and Statutory Declarations Act 2005 (WA) (Affidavits Act), testifying to the matters that she seeks to rely upon in contesting that she was employed as a casual employee by Thursday, 24 October 2024.

3. THAT the respondent file any affidavits, sworn or affirmed in accordance with ss 8–‍9 of the Affidavits Act, testifying to the matters that she seeks to rely upon in support of the Jurisdictional Objection by Thursday, 21 November 2024.

4. THAT the applicant file by Thursday, 19 December 2024:

(a) any affidavits, sworn or affirmed in accordance with ss 8–9 of the Affidavits Act, testifying to the matters that she seeks to rely upon in response to the matters raised in the respondent’s affidavit(s); and

(b) any legal submissions she seeks to rely upon in objecting to the Jurisdictional Objection.

5. THAT the respondent file any legal submissions she seeks to rely upon in support of the Jurisdictional Objection by Thursday, 16 January 2025.

6. THAT the parties have liberty to apply.

Commissioner C Tsang