National Trust of Tasmania unfairly dismissed former director, commission finds

The Fair Work Commission has ruled that the former managing director of the National Trust of Tasmania, Scott Carlin, was unfairly dismissed from his role. Carlin served as director from March 2023 until January 2025, leaving just two months before his two-year contract was due to end.

Deputy President Amber Millhouse of the Fair Work Commission found that the board's dismissal of Carlin lacked procedural fairness and was unreasonable, as there was no valid reason to support it. Carlin, who took over permanently from Matthew Paul Smithies (currently facing charges of stealing over $140,000 from the Trust), expressed relief at the commission's conclusion after an 18-month process.

"I brought National Trust Tasmania back from being at the brink of no longer being a going concern, left a legacy that others could build on," Carlin told the ABC. "I wish National Trust Tasmania the best in its future endeavours." The National Trust, Australia's peak heritage body, works to protect heritage places, structures, lands, environments, and objects for public benefit, owning several historic properties in Tasmania.

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I brought National Trust Tasmania back from being at the brink of no longer being a going concern, left a legacy that others could build on. I wish National Trust Tasmania the best in its future endeavours.

The Trust had cited three reasons for Carlin's dismissal: a lack of financial literacy, a breakdown in relations with the board, and inadequate communication with stakeholders. However, the commission found insufficient evidence to assess Carlin's financial literacy. Regarding communication, the decision noted that the Trust's complaints seemed to stem from Carlin's direct style rather than substantive misconduct. "There is no evidence in relation to any of these identified matters of Mr Carlin objectively departing from expected standards," the ruling stated.

Furthermore, the commission highlighted a lack of procedural fairness in the dismissal process. In early January 2025, the Trust's board chair sent a paper to board members, excluding Carlin, to confirm their unanimous decision not to renew his contract. This paper listed reasons for the board's frustrations, including Carlin's alleged inability to set priorities, but also acknowledged his strengths in communication, staff relations, brand resurrection, and management of a police investigation.

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It is evident from many of these communications that the Trust's complaints about Mr Carlin's conduct concern his direct style of communicating and approach to issues, rather than substantive conduct concerns. There is no evidence in relation to any of these identified matters of Mr Carlin objectively departing from expected standards.