David Longrigg v The Trustee for the Pidd Family Trust T/A Pidd Family Trust

[2017] FWC 764

[2017] FWC 764

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.394 - Application for unfair dismissal remedy

David Longrigg
v
The Trustee for the Pidd Family Trust T/A Pidd Family Trust
(U2013/12310)

DEPUTY PRESIDENT GOOLEY MELBOURNE, 2 MARCH 2017

Application for relief from unfair dismissal.

[1] On 12 May 2014, I issued a decision 1 staying the application made by Mr David Longrigg as the creditors of the trustee for the Pidd Family Trust trading as Pidd Family Trust passed a resolution to voluntarily wind up the company and appoint liquidators.

[2] On 3 January 2017, the Fair Work Commission performed a search on the ASIC company database which revealed that Parrotfish Pty Ltd (ACN: 114 514 493) had been deregistered on 16 October 2016.

[3] Correspondence was sent to Mr Longrigg and their representative on 4 January 2017 advising that unless Mr Longrigg discontinued the matter within fourteen days, I would issue a decision dismissing the application.

[4] Mr Longrigg 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 Longrigg’s application has no reasonable prospects of success 2 and it should therefore be dismissed.

DEPUTY PRESIDENT

 1   [2014] FWC 3046

 2 s587(1)(c) of the Fair Work Act 2009.

Printed by authority of the Commonwealth Government Printer

<Price code A, PR590026>