| [2018] FWCFB 6934 |
| FAIR WORK COMMISSION |
DECISION |
Fair Work Act 2009
s.604 - Appeal of decisions
Lili Sinden
v
HDR Inc.; HDR Pty Limited
(C2018/5395)
VICE PRESIDENT HATCHER | SYDNEY, 21 NOVEMBER 2018 |
Introduction and background
[1] Ms Lili Sinden has lodged an appeal, for which permission to appeal is required, against a decision of Deputy President Kovacic issued on 7 September 2018 1 (Decision). The Decision concerned an interlocutory application by Ms Sinden to amend an application she had made pursuant to s 365 of the Fair Work Act 2009 (FW Act). The amendment sought was to correct an error in the description of Ms Sinden’s former employer. In the Decision the Deputy President declined to allow the amendment. Ms Sinden contends in her appeal that the Deputy President erred in so deciding.
[2] The background facts of this matter may be summarised as follows:
(1) Ms Sinden was employed, until her dismissal, by an Australian company named “HDR Pty Limited”, which uses the trading name “HDR” 2 and has the Australian Business Number (ABN) “76 158 075 220” and the Australian Company Number (ACN) “158 075 220”.
(2) Ms Sinden was HDR Pty Limited’s National Head of Human Resources and a member of HDR Pty Limited’s Senior Leadership Team at the time of her dismissal.
(3) Ms Sinden was informed that she was dismissed at a meeting on 26 March 2018, and this was confirmed by way of a letter dated 29 March 2018. The letter appeared under a letterhead which stated “HDR” in stylised form. The letter was signed by “Stephen Auld, Managing Director”. Underneath his signature bloc, the web address “hdrinc.com” appeared. Underneath this were a number of contact details, which included another web address, “hdrinc.com.au”, and the name “HDR Pty Limited ABN 76 158 075 220 trading as HDR”.
(4) Mills Oakley Lawyers have represented HDR Pty Limited in dealings with Ms Sinden’s legal representatives, and Ms Sinden personally, concerning the dismissal since it occurred. However, correspondence to Ms Sinden from Mills Oakley Lawyers dated 27 and 28 March and 10 April 2018 only stated that Mills Oakley acted for “HDR”.
(5) Ms Sinden’s s 365 application, which was filed on 11 April 2018, was made using the standard Form F8 - General protections application involving dismissal. The Form F8 requires an applicant to identify what the form calls “The Respondent” and describes as “… the details of the person or business that dismissed you”. The application gave the legal name of that business as being “HDR Inc.”, and gave its trading name as “HDR”. The Form F8 also requires the identification of the respondent’s “ABN/ACN”, and the application gave in response the number “76 158 075 220”. The respondent’s contact details were identified as “Bill Manhart CPO
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- [2018] FWCFB 6934
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