DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Ian Nattrass
v
Sharing Minds Pty Ltd
(U2012/16727)

DEPUTY PRESIDENT GOOLEY

MELBOURNE, 14 SEPTEMBER 2015

Application for unfair dismissal remedy - Respondent deregistered - no reasonable prospects of success - application dismissed.

[1] On 11 July 2013, I issued a decision 1 in relation to Mr Ian Nattrass’ application for remedy from unfair dismissal.

[2] The decision stayed Mr Nattrass’ application on the basis that Sharing Minds Pty Ltd was in liquidation and pursuant to s.500(2) of the Corporations Act 2001, Mr Nattrass’ application was not able to proceed except with leave of the Court. 2

[3] An ASIC insolvency search was conducted on 4 September 2015 and disclosed that Sharing Minds Pty Ltd was deregistered on 5 July 2015.

[4] On 4 September 2015, the Fair Work Commission wrote to Mr Nattrass and advised him of Sharing Minds Pty Ltd’s deregistration. The Commission further advised that no proceeding can continue against a company which is deregistered. Mr Nattrass was given an opportunity to file a notice of discontinuance. He was advised that if he did not do so I would dismiss his application because it had no reasonable prospects of success. He did not respond to the correspondence or file a notice of discontinuance.

[5] Taking into account the circumstances of this matter, I am satisfied that Mr Nattrass’ application has no reasonable prospects of success. Therefore, the application is dismissed pursuant to s.587(1)(c) of the Fair Work Act 2009.

DEPUTY PRESIDENT

1 [2013] FWC 4075.

2 Ibid at [15].

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Ian Nattrass filed an application for an unfair dismissal remedy against Sharing Minds Pty Ltd in the Fair Work Commission. The crux of the dispute centred around Mr. Nattrass's dismissal from his employment and the subsequent application for reinstatement and compensation. The Commission, being the relevant tribunal, had to determine the validity of the dismissal and the appropriate remedy if it was found to be unfair.

The legal issues before the Commission included whether the dismissal was indeed unfair and whether the application had reasonable prospects of success, especially considering that the respondent, Sharing Minds Pty Ltd, had been deregistered. The deregistration of the respondent posed a significant challenge in the proceedings, as it impacted the Commission's jurisdiction and the enforceability of any remedy.

In deliberating on these issues, the Commission found that the deregistration of the respondent severely undermined the prospects of success for Mr. Nattrass's application. The Commission held that the absence of the respondent's ability to contest the application or comply with any potential remedy meant there were no reasonable prospects of success. Consequently, the application was dismissed. The Commission's reasoning was grounded in the practicalities of enforcing any remedy against a deregistered entity and the principle that applications should not proceed if success is unattainable.

Ian Nattrass v Sharing Minds Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established