Dejai Scott v Digital Eagles Pty Ltd
[2023] FWC 179
•20 JANUARY 2023
| [2023] FWC 179 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.394—Unfair dismissal
Dejai Scott
v
Digital Eagles Pty Ltd
(U2021/6527)
| COMMISSIONER BISSETT | MELBOURNE, 20 JANUARY 2023 |
Application for an unfair dismissal remedy
On 23 July 2021 Mr Dejai Scott (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 Digital Eagles Pty Ltd (the Respondent).
On 11 August 2021 the Commission was made aware that the Respondent had entered external administration. On 2 September 2021 a Decision[1] was issued staying the matter until leave of a Court was granted.
On 6 January 2023 the Commission sent correspondence to Mr Scott’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 Scott was asked to reply by 12.00 pm 13 January 2023.
The Commission has not received any correspondence from Mr Scott.
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.
In the circumstances where leave of the Court is required to proceed, and that leave has not been sought by Mr Scott, I am satisfied that Mr Scott’s application has no reasonable prospects of success.
As such, I order that the application be dismissed pursuant to s.587(1)(c) of the FW Act.
COMMISSIONER
[1][2021] FWC 5462
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