Leanne McKnight v Business Security & Management Solutions Pty Ltd T/A BSMS

[2011] FWA 3353

[2011] FWA 3353

FAIR WORK AUSTRALIA

DECISION

Fair Work Act 2009
s.365—General protections

Leanne McKnight
v
Business Security & Management Solutions Pty Ltd T/A BSMS
(C2010/5838)

COMMISSIONER BISSETT MELBOURNE, 30 MAY 2011

Application to deal with contraventions involving dismissal.

[1] Ms McKnight lodged an application on 9 December 2010 to deal with a contravention of the general protections provisions of the Act involving dismissal.

[2] The mater was listed for conference on 13 January 2011. BSMS Security (the named Respondent) indicated that it was not the employer but that an unrelated company - MIB Services Pty Ltd - was in fact the employer. BSMS Security provided to my chambers employment documents subsequently forwarded to Ms McKnight on 13 January 2011 to assist her in identifying her employer.

[3] On 4 April 2010 Ms McKnight contacted my chambers advising that she wished to continue her application against MIB Services Pty Ltd. Ms McKnight was advised by my associate that she would need to lodge a fresh application naming MIB Services Pty Ltd as the employer. My chambers again forwarded the documents with respect to her employer to her on 7 April 2011. On 18 April Ms McKnight was advised that her initial application could not be continued as the employer was incorrectly identified. She was asked if she intended to discontinue the original application.

[4] On 27 April 2011 the correspondence of 7 and 18 April 2011 was resent to Ms McKnight at her request.

[5] In the week beginning 16 May 2011 Ms McKnight again contacted my chambers seeking advice on lodging an application against MIB Security Services. She was again advised by my associate that she would need to lodge a fresh application after discontinuing the present application.

[6] It is clear that Ms McKnight is not pursuing this application against BSMS Security.

[7] The application has not been properly made and is therefore dismissed.

COMMISSIONER

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