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

[2014] FWC 3882

[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

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