Benchmark WA Industrial Relations Case Database

Warren Robert Johnston v Looma Community Inc

[2023] WAIRC 329 Single Commissioner (WAIRC) 2023-06-14 File: U 16/2023 cited 1×
Source
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

[P]Jurisdictional facts [P]Constitutional corporation test [S]Unfair dismissal (WA) [S]Unfair dismissal (federal)

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
[2023] WAIRC 386 WAIRC — Single Commissioner — Warren Robert Johnston v Looma Community Inc
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