Ben Lewis v Frog Solutions Holdings Pty Ltd

[2016] FWC 2107

[2016] FWC 2107

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Ben Lewis
v
Frog Solutions Holdings Pty Ltd
(U2014/4985)

DEPUTY PRESIDENT GOOLEY MELBOURNE, 5 APRIL 2016

Application for relief from unfair dismissal.

[1] On 5 June 2014, I issued a decision 1 staying the application made by Mr Lewis as the creditors of Frog Solutions Holdings Pty Ltd passed a resolution to voluntarily wind up the company.

[2] On 17 March 2016, the Commission performed a search on the ASIC company database which revealed that Frog Solutions Holdings Pty Ltd (ACN: 163 645 289) had deregistered on 13 December 2015.

[3] Correspondence was sent to Mr Lewis and his representative on 18 March 2016 advising that unless he filed a notice of discontinuance, I will issue a decision dismissing the application.

[4] Mr Lewis did not respond to the correspondence or file a notice of discontinuance.

[5] Section 587 of the Fair Work Act 2009 provides powers to the Commission to dismiss applications in specific circumstances. Having regard to the facts of this matter, I am satisfied that Mr Lewis’ application has no reasonable prospects of success 2 and it should therefore be dismissed.

DEPUTY PRESIDENT

 1   [2014] FWC 3754.

 2 S.587(1)(c) of the Act.

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