Andrew Valentine v DH International Pty Limited T/A DH International

[2019] FWC 5036

[2019] FWC 5036

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Andrew Valentine
v
DH International Pty Limited T/A DH International
(U2013/1266)

DEPUTY PRESIDENT CLANCY MELBOURNE, 19 JULY 2019

Application for relief from unfair dismissal.

[1] On 12 November 2013, Deputy President Gooley issued a decision 1 in relation to the application by Mr Andrew Valentine for remedy from unfair dismissal.

[2] The decision stayed Mr Valentine’s application on the basis that DH International Pty Limited T/A DH International (DH International) was in liquidation and pursuant to s.500(2) of the Corporations Act 2001, Mr Valentine’s application was not able to proceed except with leave of the Court. 2

[3] On 1 July 2019, an ASIC insolvency search was conducted and disclosed that DH International was deregistered on 5 May 2019.

[4] On 2 July 2019, the Fair Work Commission (the Commission) wrote to Mr Valentine and advised him of DH International’s deregistration. The Commission further advised that no proceedings can continue against a deregistered company. On that basis, Mr Valentine was given an opportunity to file a Notice of Discontinuance. He was advised that if he did not do so by 16 July 2019, his application would be dismissed because it had no reasonable prospects of success. He did not respond to the correspondence or file a Notice of Discontinuance.

[5] In the circumstances, I am satisfied that Mr Valentine’s application has no reasonable prospects of success. Therefore, I will exercise my power under s.587(1)(c) of the Fair Work Act 2009 to dismiss Mr Valentine’s application. An order giving effect to this decision will be issued today.

DEPUTY PRESIDENT

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 1   [2013] FWC 8862.

 2 Ibid at [10].