Christopher Carpenter v Zesta Greek Restaurant Pty Ltd T/A Zesta Greek Restaurant and Bar

[2015] FWC 7908

[2015] FWC 7908

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Christopher Carpenter
v
Zesta Greek Restaurant Pty Ltd T/A Zesta Greek Restaurant and Bar
(U2015/10224)

DEPUTY PRESIDENT GOOLEY MELBOURNE, 17 NOVEMBER 2015

Application for relief from unfair dismissal.

[1] On 24 August 2015, Mr Christopher Carpenter filed an application for unfair dismissal remedy.

[2] On 1 October 2015, Mr Richard Regan, of Zesta Greek Restaurant Pty Ltd, wrote to the Fair Work Commission and advised that the business had been sold and that the employer no longer exists.

[3] On 8 October 2015, Mr Regan again wrote to the Commission and advised that the business had been sold, retains no assets and that the employer no longer exists.

[4] On 9 October 2015, an ASIC search was conducted and disclosed that the status of the Respondent was ‘strike-off action in progress.’

[5] An ASIC insolvency search was conducted on 2 November 2015 and disclosed that Zesta Greek Restaurant Pty Ltd was deregistered on 28 October 2015.

[6] On 9 November 2015, the Commission wrote to Mr Carpenter and advised him of Zesta Greek Restaurant’s deregistration. The Commission further advised that no proceeding can continue against a company which is deregistered. Mr Carpenter was given an opportunity to file a notice of discontinuance. He did not respond to the correspondence or file a notice of discontinuance.

[7] Taking into account the circumstances of this matter, I am satisfied that Mr Carpenter’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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