You cannot sue an employer, even for unfair dismissal, unless you get the identity of the employer correct and ensure that it is an entity capable of being sued.
“An employer must have the capacity to enter into legal contracts, for only legal entities can enter into contractual arrangements. In respect of employers, this will usually be in an individual person’s name (a sole trader), the names of one or more persons in a partnership, a proprietary limited company name or the name of an incorporated association. A trading name, a business name or the name of a trust (in most cases) is not a legal entity and a contract cannot be made solely under these names. As a trading name is not a legal entity, it cannot be named as the employer in an employment contract.
In this situation, the employer cannot be, as the respondent initially submitted, Access Antennas, which is simply a business name under which the owner of the business trades. It would seem that the respondent should name the true employer as Halden McDonald trading as Access Antennas and Satellites.”
Selvaratnam v Vistavision Pty Ltd (2015) FWC 5499 delivered 17 August 2015 per Bull C