Amit Kumar v AUA Group Pty Ltd T/A Rosa Mexicano

[2015] FWC 8324

[2015] FWC 8324

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Amit Kumar
v
AUA Group Pty Ltd T/A Rosa Mexicano
(U2014/7495)

DEPUTY PRESIDENT GOOLEY MELBOURNE, 1 DECEMBER 2015

Application for relief from unfair dismissal.

[1] On 23 May 2014, Mr Amit Kumar filed an application for unfair dismissal remedy.

[2] On 1 July 2014, the Fair Work Commission received correspondence from Mr Ian Currie of BRI Ferrier, advising that he was appointed Administrator of AUA Group on 27 May 2014.

[3] On 22 July 2014, correspondence was sent to Mr Kumar advising that Commissioner Wilson, then Acting Panel Head, Termination of Employment, had formed the preliminary view that his claim could not proceed unless leave of the court was obtained. Mr Kumar was asked to advise the Commission if he had a different view, in which case the matter would be set down for a jurisdictional hearing. He was asked to provide a response by 5 August 2015. No response has been received from Mr Kumar.

[4] On 17 November 2015, an ASIC search was conducted and disclosed that AUA Group was deregistered on 21 September 2015.

[5] On 17 November 2015, I caused correspondence to be sent to Mr Kumar, advising him of AUA Group’s deregistration. The Commission further advised that no proceeding can continue against a company which is deregistered. Mr Kumar was given an opportunity to file a notice of discontinuance. He did not respond to the correspondence or file a notice of discontinuance.

[6] Taking into account the circumstances of this matter, I am satisfied that Mr Kumar’s application has no reasonable prospects of success. Therefore, the application is dismissed pursuant to section 587(1)(c) of the Fair Work Act 2009.

DEPUTY PRESIDENT

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