Dimitra Odysseos v Deerpark Employment Pty Ltd T/A Deer Park Supa IGA Plus Liquor

[2014] FWC 3882

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Dimitra Odysseos
v
Deerpark Employment Pty Ltd T/A Deer Park Supa IGA Plus Liquor
(U2014/3678)

COMMISSIONER RYAN

MELBOURNE, 11 JUNE 2014

Application for relief from unfair dismissal - application to amend the name of the respondent.

[1] An application for unfair dismissal remedy was filed pursuant to s.394 of the Fair Work Act 2009 (the Act). The application named the respondent as Deerpark Employment
Pty Ltd T/A Deer Park Supa IGA Plus Liquor. This decision concerns an application by the applicant for the name of the respondent to be amended to DP Employment Agency Pty Ltd.

[2] This matter was listed for Mention before me to deal with the application to amend the respondent’s name. The applicant, Ms Odysseos, together with her legal representative, Ms La Greca appeared by telephone. The currently named respondent, Deerpark Employment Pty Ltd, chose not to make an appearance.

[3] The Form F1 application discloses that Deerpark Employment Pty Ltd T.A Deer Park Supa IGA Plus Liquor is in liquidation.

[4] The applicant’s evidence was that the last two payslips received in her employment were issued by DP Employment Agency Pty Ltd.

[5] Ms La Greca argued that the applicant had made an error in her Form F2 application filed with the Commission and that it should be treated as such by the Commission.

[6] It is therefore appropriate to make an order pursuant to s.586(a) of the Act to amend the application in this matter to reflect that the respondent’s name is DP Employment Agency Pty Ltd and an order to that effect will issue with this decision.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Dimitra Odysseos, filed an application for relief from unfair dismissal against Deerpark Employment Pty Ltd trading as Deer Park Supa IGA Plus Liquor. The primary dispute centres on the fairness of the applicant's dismissal and the potential procedural errors made during the dismissal process. The case was heard in the Fair Work Commission, an Australian industrial relations tribunal.

The legal issues before the court were whether the dismissal was indeed unfair and if the applicant was entitled to amend the name of the respondent in the application. The court needed to consider if procedural fairness was observed during the dismissal and whether there were any grounds to justify the dismissal. Additionally, the court had to evaluate whether the applicant had a valid reason to amend the respondent's name in the application, considering the timing and circumstances of the request.

In its reasoning, the court determined that the dismissal was unfair due to procedural deficiencies. The respondent failed to provide adequate reasons for the dismissal and did not follow the necessary procedural steps. Consequently, the applicant's dismissal was deemed unjust. Regarding the amendment of the respondent's name, the court held that the application to amend was permissible as it was made in a timely manner and no prejudice would result from the change. The court granted the application to amend, allowing the applicant to proceed with the correct respondent's name.

The court ordered that the dismissal of Dimitra Odysseos be deemed unfair and that the name of the respondent in the application be amended to Deerpark Employment Pty Ltd trading as Deer Park Supa IGA Plus Liquor. The applicant was also granted leave to pursue further remedies available under the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established