GENERAL PROTECTIONS – amendment of application – ss.365, 568 Fair Work Act 2009 – application to deal with general protections contraventions involving dismissal – respondent’s chief financial officer (CFO) submitted applicant never been employed by respondent and application should be dismissed – applicant sought to amend application to change respondent – applicant submitted mistakenly cited respondent in original application as name appeared on payslips and correspondence from employer, and believed respondent’s CFO represented his employer – respondent’s CFO submitted while the CFO for a number of companies within a group, he always referred to particular company in subject heading of emails – respondent’s CFO provided a range of materials to Commission, such as emails, payslips and applicant’s tax file number declaration – Commission satisfied material clearly indicated applicant not employed by respondent – not appropriate to amend original application to amend respondent – however Commission unable to dismiss original application as made in accordance with Act. Mathyi v Girgis Group P/L.
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