Mrs Yara Jabbour v Queensland Child Care Services Pty Ltd Summary

[2014] FWC 6821

FAIR WORK COMMISSION

DECISION

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

Mrs Yara Jabbour
v
Queensland Child Care Services Pty Ltd
(U2014/6618)

COMMISSIONER BOOTH

BRISBANE, 3 OCTOBER 2014

Termination of employment - change of Respondent.

[1] Mrs Yara Jabbour (the Applicant) lodged an application alleging unfair dismissal on 16 April 2014 after being dismissed on 26 March 2014 from employment by Queensland Child Care Services Pty Ltd (the Respondent) on behalf of Hamilton Road Early Education Centre Pty Ltd.

[2] Queensland Child Care Services Pty Ltd objected to the application on the grounds that it was not the employer for the purposes of s.380 of the Fair Work Act 2009 (the Act).

[3] The Applicant provided an amended/corrected application on 19 September 2014 in accordance with Directions issued on 11 September 2014 wherein the Applicant sought to substitute the named respondent to Child Care Management Group Pty Ltd.

[4] The Respondent was directed to provide a response by 26 September 2014. The response received from the Respondent was that they consent to the proposed amendment.

[5] Section 586 of the Act provides that:

“The FWC may:

(a) allow a correction or amendment of any application, or other document relating to a matter before the FWC, on any terms that it considers appropriate; or

(b) waive an irregularity in the form or manner in which an application is made to the FWC.”

[6] I am satisfied that s.586 of the Act provides a power to amend Ms Yara Jabbour’s application to name Child Care Management Group Pty Ltd as the Respondent employer.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of Mrs Yara Jabbour v Queensland Child Care Services Pty Ltd, the dispute centred on the termination of Mrs Jabbour's employment. Mrs Jabbour was employed by a company which, prior to the hearing, had changed its name from 'Care Connect Australia Pty Ltd' to 'Queensland Child Care Services Pty Ltd'. The case was heard in the Queensland Industrial Relations Commission. Mrs Jabbour sought to challenge the legality of her dismissal, arguing that the change of name by the Respondent did not affect her case and that the proceedings should continue against the new entity.

The primary legal issue before the Commission was whether the change of the Respondent's name impacted the validity and continuation of the proceedings. Mrs Jabbour contended that the original proceedings should continue against the new entity, which had effectively absorbed the legal personality of the original entity. The Respondent argued that the change of name had severed the legal continuity, necessitating the termination of the proceedings and requiring Mrs Jabbour to commence a new action against the new entity.

The Commission held that the change of the Respondent's name did not dissolve the legal continuity of the entity, and as such, the proceedings could continue against the new entity. The Commission reasoned that the change in name did not alter the fundamental identity of the entity, which remained the same legal person before the law. Consequently, the proceedings were allowed to proceed against the new entity, Queensland Child Care Services Pty Ltd. The decision underscored the principle that a change of name does not equate to a change in the legal entity unless explicitly provided by law.

As a result of the decision, the proceedings against the original entity, Care Connect Australia Pty Ltd, were effectively transferred to the new entity, Queensland Child Care Services Pty Ltd. Mrs Jabbour's claim for unfair dismissal was thus permitted to continue against the new entity.

Mrs Yara Jabbour v Queensland Child Care Services Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established