FWC allows workers' claims to proceed despite naming incorrect corporate entity
24 Apr 2025
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The Fair Work Commission (FWC) recently dealt with a jurisdictional objection concerning whether workers had correctly identified their employer in unfair dismissal applications.
Three workers filed claims against a company they believed was their employer, citing documentation and communications that consistently referenced this company's business name.
However, their pay slips, superannuation contributions, and tax documents all named a different entity within the same corporate group.
The case highlights significant challenges faced by workers who deal with corporate structures, where multiple entities operate under shared business names and branding while maintaining separate legal identities.
Three workers filed unfair dismissal applications claiming they were dismissed by Loughlin Pty Ltd, which operated a business called Insight Charity Fundraising Services.
This business conducted fundraising raffles for charities and was part of a corporate group that included several entities: Insight Holdings Consolidated Pty Ltd, Insight FTS Pty Ltd, and Insight Human Resources Pty Ltd.
Pay slips showed the workers were paid by Insight FTS throughout their employment. Superannuation contributions were also made by Insight FTS for their benefit.
Loughlin opposed the applications, arguing it did not employ or dismiss the workers. It...
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