Former National Trust director unfairly dismissed, Fair Work Commission finds

The Fair Work Commission has found the former managing director of the National Trust of Tasmania was unfairly dismissed.

Scott Carlin served as the director of the Trust between March 2023 and January 2025, finishing just two months before his two-year contract was set to expire.

Mr Carlin took over the role permanently from Matthew Paul Smithies, who has pleaded not guilty to charges of stealing more than $140,000 worth of items from the Trust.

The National Trust is the peak heritage body in Australia, with state and territory branches working to protect heritage places, structures, lands, environments and objects for the public benefit.

The Tasmanian branch owns eight historic properties, including Clarendon Estate and Franklin House in the state's north.

In her decision, Fair Work Commission (FWC) deputy president Amber Millhouse found Mr Carlin's dismissal by the board was unfair due to the absence of any procedural fairness, and it was unreasonable because there was no valid reason to support it.

Mr Carlin told the ABC it was reassuring to have this conclusion after 18 months.

"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," Mr Carlin said.

"I wish National Trust Tasmania the best in its future endeavours."

Reasons for dismissal included lack of financial literacy

In the Trust's submission to the FWC, it cited three reasons for dismissing Mr Carlin: a lack of financial literacy, a breakdown in the relationship between Mr Carlin and the board, and Mr Carlin's failure to appropriately communicate with the board and stakeholders.

The decision stated that there was not enough evidence submitted by the Trust for the FWC to be able to assess Mr Carlin's financial literacy, and that their evidence of his alleged inappropriate communication style was not persuasive enough.

"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," the decision stated.

"There is no evidence in relation to any of these identified matters of Mr Carlin objectively departing from expected standards."

No procedural fairness, commission finds

In early January 2025, the chair of the Trust's board, Catherine Walker, sent a paper to all the board members, excluding Mr Carlin, to confirm their unanimous decision not to renew his contract.

It listed several reasons for the board's frustrations, including Mr Carlin's alleged inability to set priorities.

It also listed what Mr Carlin had excelled at, which included communication and relations with staff and supporters, resurrecting the brand, and his management of a police investigation into an alleged theft by the previous managing director.

About two weeks later, Mr Carlin received a text message from Ms Walker to organise a meeting with him and the deputy chair, Jude Franks.

During that meeting, he was handed an 'end of employment' letter.

"We have made this decision after careful consideration of the Trust's future directions and the skills required to achieve our evolving strategic priorities," the letter stated.

Mr Carlin told the ABC he took the matter to the FWC because this did not ring true.

"I was already delivering on the Trust's 'new directions' in tourism and generating revenue from its properties," he said.

"I delivered major Tasmanian government grant-aided projects such as the Convict Memorial at the Hobart Penitentiary … I secured major acquisitions to allow the properties to better tell their stories."

Within half an hour of the meeting's end, Mr Carlin lost access to his email account and online files.

"The Trust concedes, and I find, that Mr Carlin was not appropriately notified of the reason for his dismissal or given an opportunity to respond," Ms Millhouse wrote in her decision.

She did not recommend any compensation as Mr Carlin had already been paid out the balance of his contract, and did not recommend he be reinstated, as his contract had expired.