Ammooun Mesto v IBG Taxation & Advisory Pty Ltd

[2025] FWC 2696

[2025] FWC 2696

FAIR WORK COMMISSION

DECISION AND ORDER

Fair Work Act 2009

s.394—Unfair dismissal

Ammooun Mesto
v

IBG Taxation & Advisory Pty Ltd

(U2025/4924)

DEPUTY PRESIDENT EASTON SYDNEY, 11 SEPTEMBER 2025

Application for an unfair dismissal remedy – dismissal under s.587 at the Commission’s initiative for want of prosecution.

1. On 22 April 2025, Ms Ammooun Mesto made an unfair dismissal application to the Fair Work Commission under s.394 of the Fair Work Act 2009 (Cth) against IBG Taxation & Advisory Pty Ltd.

1. IBG Taxation & Advisory Pty Ltd was placed into liquidation on 15 May 2025. Section 500(2) of the Corporations Act 2001 (Cth) provides as follows:

“After the passing of the resolution for voluntary winding up, no action or other civil proceeding is to be proceeded with or commenced against the company except by leave of the Court and subject to such terms as the Court imposes.”

1. On 25 June 2025 correspondence was sent to Ms Mesto about these matters and included the following invitation:

“Deputy President Easton is prepared to give you time to decide what to do about your application.

Could you please tell us by reply email by no later than 4:00pm on Thursday 3 July 2025:

- that you have made an application to a Court for leave/permission to continue your claim; OR

- that you want to discontinue your unfair dismissal application.”

1. Ms Mesto has not responded.

1. If an applicant’s conduct or omissions show that they are no longer willing to participate in their own case the Commission is not required to persevere with the application (see Viavattene v Health Care Australia [2013] FWCFB 2532 at [39]).

1. Section 587 of the Act provides:

“587      Dismissing applications

(1)       Without limiting when the FWC may dismiss an application, the FWC may dismiss an application if:

(a)       the application is not made in accordance with this Act; or

(b)       the application is frivolous or vexatious; or

(c)       the application has no reasonable prospects of success.

…

(3)       The FWC may dismiss an application:

(a)       on its own initiative; or

(b)       on application.”

1. To date Ms Mesto has not provided a response regarding the continuation of her application or taken any steps to pursue her claim.

1. For several weeks Ms Mesto has been on notice of a significant obstacle that most likely prevents her from continuing her case – being the operation s.500(2) of the Corporations Act 2001 (Cth). Instead of discontinuing her application or mounting an argument as to how her claim can lawfully continue, Ms Mesto chose not to respond.

1. In these circumstances I am satisfied that the facility under s .587 can and should be engaged to dismiss Ms Mesto’s application for want of prosecution, and make the following order:

A.The application under s.394 of the Fair Work Act 2009 (Cth) made by Ms Ammooun Mesto on 22 April 2025 is dismissed.

DEPUTY PRESIDENT

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