the Applicant v Veritec Pty Ltd & the Respondent and Another
Citation: [2026] FWCFB 173
At a glance
- Employees affected
- 1
What happened
the Applicant commenced employment with Atturra Cloud Business Solutions – Sales & Marketing on October 20, 2025, following an offer email sent on June 13, 2025. Her employment agreement was with Atturra Personnel Pty Ltd. On February 6, 2026, she was informed her employment was terminated. the Applicant filed a general protections application alleging dismissal due to a mental health condition, naming Veritec Pty Ltd, the Respondent, and another as respondents. The respondents objected, arguing they were not her employer.
What was decided
The Full Bench of the Fair Work Commission overturned a Deputy President’s decision to dismiss the Applicant's general protections application. The Deputy President had dismissed the application because the Applicant did not name her correct employer in the initial form. The Full Bench ruled that correctly identifying the employer isn't a prerequisite for a valid application and the Deputy President lacked the power to dismiss based on this alone. The appeal was allowed, and the original decision quashed.
What it means for employers
Employers should be aware that failing to identify the correct legal entity in a general protections claim does not automatically invalidate the application. While providing accurate information is important, the Commission has processes for amendment or substitution of respondents. Employers should engage with any claims appropriately and avoid dismissing applications based solely on technicalities.
What it means for employees
Employees bringing general protections claims don't need to perfectly identify their employer in the initial application form. The Fair Work Commission can address issues related to respondent identification through amendments or substitutions. It is still important to provide as much accurate information as possible, but a minor error won’t necessarily prevent your claim from proceeding.
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This summary was drafted from the published decision and reviewed before publishing. It is general information, not legal advice. For your specific situation, speak to the Fair Work Ombudsman (13 13 94) or a qualified lawyer. About these summaries & corrections →