Warren Robert Johnston v Looma Community Inc
Commissioner Walkington
Cited 1×
Treatment by later cases (3)
3 neutral
Applicant: Warren Robert Johnston
Respondent: Looma Community Inc
Ratio
The Commission issued a direction by consent to determine as a preliminary matter whether the respondent Looma Community Inc is a national system employer, with a staged timetable for evidence and submissions on the jurisdictional issue.
Outcome
Resolved
reserved
Authority signal
Cited 1×
Signal-weighted score: 2.6
Derived from how later decisions have treated this case. Dark green = leading authority,
green = positively treated, grey = neutral or sparse data,
amber = caution, red = treated negatively.
Key facts · 3
- Applicant Warren Robert Johnston dismissed by Looma Community Inc
- Jurisdictional issue whether respondent is national system employer not yet determined
- Proceeding instituted in WAIRC under IR Act 1979 (WA)
Concept tags · 4
Subsequent treatment · 3
Cited / considered· 3
Cited
(2023) 103 WAIG
WAIRC — Single Commissioner
— to 30 July 2023. The arrangements for the holiday had been booked prior to...
Cited
(2023) 103 WAIG
WAIRC — Single Commissioner
— W.A.I.G. WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 681 Direction HAVING heard...
Cited
Archived text (240 words)
UNFAIR DISMISSAL APPLICATION
WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION
PARTIES Warren Robert Johnston
APPLICANT
-v-
Looma Community Inc
RESPONDENT
CORAM Commissioner T B Walkington
DATE Wednesday, 14 June 2023
FILE NO. U 16 OF 2023
CITATION NO. 2023 WAIRC 00329
Result Direction issued
Representation
Applicant Mr S Kemp (of counsel)
Respondent Ms V Stamper (of counsel)
Direction
HAVING heard from Mr Kemp on behalf of the applicant and Ms Stamper on behalf of the respondent, the Commission, pursuant to the powers conferred under the Industrial Relations Act 1979 (WA), and by consent, hereby directs:
1. THAT the jurisdictional issue of whether the respondent is a national system employer be determined as a preliminary matter;
2. THAT the respondent file and serve upon the applicant any affidavits or statutory declarations addressing the jurisdictional issue, by no later than 7 July 2023;
3. THAT the applicant may file and serve upon the respondent any affidavits or statutory declarations addressing the jurisdictional issue, by no later than 28 July 2023;
4. THAT the parties file and serve any written submissions addressing the jurisdictional issue, by no later than 4 August 2023;
5. THAT the parties confirm, by way of email to my Chambers, whether they seek for the jurisdictional issue to be determined on the papers or at an oral hearing, by no later than 11 August 2023; and
6. THAT the parties have liberty to apply on short notice.
Commissioner T B Walkington