Mr Justin Epong v Skill360 Australia Ltd T/A Skill360

[2016] FWC 4067

[2016] FWC 4067

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.394 - Application for unfair dismissal remedy

Mr Justin Epong
v
Skill360 Australia Ltd T/A Skill360
(U2016/4571)

COMMISSIONER HUNT BRISBANE, 22 JUNE 2016

Application for relief from unfair dismissal – amend named Respondent.

[1] On 16 February 2016, Mr Justin Epong made an application against John Cole Toyota for remedy for unfair dismissal pursuant to s.394 of the Fair Work Act 2009 (the Act).

[2] On 26 February 2016 John Cole Toyota wrote correspondence to the Commission advising that it is not the legal employer of Mr Epong, and requesting that the application be directed to Skill360 in Cairns.

[3] On 16 March 2016, Skill360 Australia Ltd T/A Skill360 (Skill360) lodged a Form F3 – Employer Response to Unfair Dismissal Application in the matter nominating itself as the employer of Mr Epong. The parties consented in a Mention/Directions conference before me on 9 June 2016 to Skill360 being interposed as the respondent.

[4] Section 586 of the Act provides that the Commission may allow a correction or amendment to any application that it considers appropriate.

[5] Having regards to the circumstances in the matter, I am satisfied that both parties agree to amend the named respondent in this matter from John Cole Toyota to Skill360 Australia Ltd T/A Skill360. On that basis, I am prepared to amend the name of the respondent. An order giving effect to my decision will be issued shortly.

COMMISSIONER

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