Bashir Mohebpoor v Ausdilaps Shared Services Pty Ltd

[2023] FWC 2846

[2023] FWC 2846

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.394—Unfair dismissal

Bashir Mohebpoor
v

Ausdilaps Shared Services Pty Ltd

(U2023/4518)

COMMISSIONER BISSETT MELBOURNE, 1 NOVEMBER 2023

Application for an unfair dismissal remedy

1. On 29 May 2023 Mr Bashir Mohebpoor (the Applicant) made an application for remedy for unfair dismissal under s.394 of the Fair Work Act 2009 (the FW Act) alleging he was unfairly dismissed by Ausdilaps Shared Services Pty Ltd (the Respondent).

1. On 4 June 2023 the Commission was made aware that the Respondent had entered external administration. On 10 July 2023 Mr Mohebpoor was sent correspondence advising him that his matter cannot proceed without leave of a Court.

1. On 12 October 2023 the Commission sent correspondence to Mr Mohebpoor’s nominated email address advising him that his matter is at risk of being dismissed as it is apparent he does not intend to seek the leave of the Court. Mr Mohebpoor was asked to reply by 4.00 pm 19 October 2023.

1. On 18 October 2023 the Commission received a voicemail message from Mr Mohebpoor asking for his call to be returned. However, Mr Mohebpoor could not be reached. Later that day Mr Mohebpoor sent an email to my chambers querying what options he had in relation to his matter.

1. On 19 October 2023 my chambers sent correspondence to Mr Mohebpoor to advise that although I acknowledge his email of 18 October 2023, my view that he requires the leave of a Court to proceed with his matter in the Commission is unchanged.

1. The Commission has not received any further correspondence from Mr Mohebpoor.

1. Section 587 of the FW Act provides as follows:

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.

1. In the circumstances where leave of the Court is required to proceed, and that leave has not been sought by Mr Mohebpoor and no further correspondence has been received in relation to Mr Mohebpoor seeking leave of the Court, I am satisfied that Mr Mohebpoor’s application has no reasonable prospects of success.

1. The application is therefore dismissed.

COMMISSIONER

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