TERMINATION OF EMPLOYMENT – amendment of application – s.586 Fair Work Act 2009 – application for relief of unfair dismissal – applicant named incorrect respondent in application – identity of employer appeared on a number of formal documents such as payslips – other business documents used a different business name – employer representative filed a Form F3 response confirming details in original application – ABN on application was a clear reference to correct respondent employer’s ABN – Commission considered identity of respondent employer was at best unclear – amendment application does not involve revoking or setting aside the originating application – considerations heavily favour granting of application to amend – correct respondent has already been participating in proceedings – application amended to cite ‘Aus Water and Gas P/L’ as the respondent party – application for unfair dismissal to be listed for hearing. Simounds v Streamline Plumbing t/a Streamline Plumbing

To read the full content…SUBSCRIBE NOW

Existing Subscribers Login Below:

Log In