Fair Work Commission rules National Trust of Tasmania acted unfairly in dismissing director

The Fair Work Commission has found that Scott Carlin, former managing director of the National Trust of Tasmania, was unfairly dismissed from his position, citing a lack of procedural fairness and absence of valid grounds for termination.

Mr Carlin's contract was terminated in November 2024, just two months before its scheduled expiration in January 2025. He had served in the role since March 2023, overseeing the heritage organisation during a tumultuous period in its institutional history.

Procedural failures identified

The commission's decision represents a significant rebuke of the National Trust of Tasmania's handling of the dismissal process. According to the ruling, the organisation failed to afford Mr Carlin basic procedural fairness in its decision-making, and provided no substantive justification for terminating his employment.

The findings underscore broader concerns about employment practices within heritage and cultural institutions, which often operate with governance structures that may lack robust human resources protocols.

"I am pleased with the outcome and proud of the work I did for the Trust," Mr Carlin said following the commission's decision.

Context of institutional turmoil

Mr Carlin's appointment came at a critical juncture for the National Trust of Tasmania. His predecessor, Matthew Paul Smithies, has pleaded not guilty to charges of stealing more than $140,000 worth of items from the Trust—a scandal that significantly damaged the organisation's reputation and public standing.

As managing director, Mr Carlin inherited responsibility for restoring confidence in the institution and overseeing its operations during the reputational recovery period. His early termination raises questions about the Trust's governance and decision-making processes during this sensitive time.

No reinstatement despite ruling

Although the Fair Work Commission has ruled in Mr Carlin's favour on the fairness of his dismissal, he will not be reinstated to the position. His employment contract has now expired, making reinstatement impractical. This outcome is typical in cases where the contract term has concluded by the time of the commission's determination.

The ruling may, however, have implications for compensation and settlement discussions between Mr Carlin and the National Trust of Tasmania.

Broader implications for heritage sector

The case highlights governance challenges within Australia's heritage sector. The National Trust operates as the peak heritage body in Australia, with branches across all states and territories responsible for protecting heritage places, structures, lands, environments and objects for public benefit.

The organisation's role is crucial to preserving Australia's cultural and historical legacy, making effective governance and fair employment practices essential to its credibility and operational effectiveness.

Original reporting by ABC News, 13 July 2026