TERMINATION OF EMPLOYMENT – unlawful termination – amendment of application – ss.365, 773 Fair Work Act 2009 – application to deal with unlawful termination dispute under s.773 of the FW Act – respondent objected to application as it was a constitutionally covered entity – applicant sought application to be amended to general protections application made under s.365 and for respondent’s name to be amended to entity identified in employer’s response – applicant submitted that at time of making the application she believed respondent was not a corporation as her contract and payslips both referred to it being a limited partnership – further, submitted there was no substantial change in the process and the irregularity was only one of form – respondent submitted that discretion in s.586 did not extend to making the change sought as the request went beyond that of form and was a substantial and substantive change that altered nature of the application – Ioannou v Northern Belting Services considered – in Ioannou, Full Bench held that s.586 could not be used to amendment application if amendment fundamentally changed original application – Full Bench therefore refused to transform unfair dismissal application into general protections application, even though both may have arisen from same set of circumstances involving dismissal of employee – Commission raised similar concerns to those raised by Full Bench and identified that whilst there were some similarities between s.365 and s.773, there were also significant differences including range of alleged contraventions, reasons an employer must not terminate employment and the statutory time requirements by which application must be filed – Commission held that appropriate course for applicant was to discontinue s.773 application and then make application under s.365 – no objection from respondent regarding the application to amend its name – application to amend from s.773 to s.365 application refused – application to amend respondent’s name to read ALDI Foods P/L as General Partner of ALDI Stores (A Limited Partnership) granted. Hayes v Aldi Stores – a Limited Partnership
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