Jill Douglas v Codestar Pty Ltd T/A R & D Services Security & Cleaning

[2016] FWC 2089

[2016] FWC 2089

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Jill Douglas
v
Codestar Pty Ltd T/A R & D Services Security & Cleaning
(U2014/5996)

DEPUTY PRESIDENT GOOLEY MELBOURNE, 4 APRIL 2016

Application for relief from unfair dismissal.

[1] On 3 June 2014, following advice from liquidators of Codestar Pty Ltd T/A R&D Services Security & Cleaning, I issued a decision 1 staying the application made by Ms Douglas as the creditors of Codestar 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 Codestar Pty Ltd (ACN: 114 757 425) had deregistered on 7 June 2015.

[3] Correspondence was sent to Ms Douglas’ representative on 18 March 2016 advising that unless Ms Douglas filed a notice of discontinuance, I will issue a decision dismissing the application.

[4] On 31 March 2016, Ms Douglas’ representative responded and advised that it did not receive any instructions to discontinue the application and as such, understands that the application will be dismissed at the Commission’s own volition.

[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 Ms Douglas’ application has no reasonable prospects of success 2 and it should therefore be dismissed.

DEPUTY PRESIDENT

 1   [2014] FWC 3667.

 2 S.587(1)(c) of the Act.

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