Nicole Bock v Jarjoura Holdings Pty Ltd

[2013] FWC 2161

[2013] FWC 2161

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Nicole Bock
v
Jarjoura Holdings Pty Ltd
(U2013/7101)

COMMISSIONER DEEGAN CANBERRA, 10 APRIL 2013

Application for relief from unfair dismissal - jurisdictional objection - incorrect employer name on application - request to amend application

[1] In this matter the applicant sought to amend the application to correctly name her employer as MyHouse (Aust) Pty Ltd. The employer objected to the application to amend on the basis that the applicant’s payslips and group certificate had correctly identified the employer.

[2] The matter was heard by telephone. The applicant was represented by her mother and the employer was represented by Mr David Jarjoura, the Managing Director of the employer.

[3] At the hearing the following became apparent;

• the applicant’s mother had mistakenly identified Jarjoura Holdings Pty Ltd as the employer as she had been unable to find an ABN for MyHouse;



• My House was identified as the trading name of the employer on the application form;



• the application had been made well within the 21 day time limit allowed by the legislation and had been served on the Managing Director of the correct employer;



• the employer suffered no detriment or disadvantage as a result of the incorrect name being used.

[4] Having heard the parties I determined that I should exercise my discretion pursuant to s.586 of the Fair Work Act 2009 and allow the amendment to the application. I note that Mr Jarjoura is both the managing director of the employer and a director of the company named in the original application, although I accept that the companies are not otherwise related. I also note that Regulation 3.32 of the Fair Work Regulations 2009 requires an employer (after 1 January 2010) to include the employer’s ABN on an employee’s payslip. I note that the payslip provided by the employer does not contain the ABN of MyHouse (Aust) Pty Ltd.

[5] The application will be amended to reflect the correct name of the employer and the matter referred to conciliation.

COMMISSIONER

Appearances: (by telephone)

Ms J. Sexton-Bock, for the applicant

Mr D. Jarjoura, for the respondent.

Hearing details:

2013.

Canberra:

April 10.

Printed by authority of the Commonwealth Government Printer

<Price code A, PR535535>