Justin Windle v SmithHancock

[2017] FWC 1215

[2017] FWC 1215

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Justin Windle
v
SmithHancock; The Pavilion 8 Group Pty Ltd T/A Alfie & Hetty
(U2014/1977)

DEPUTY PRESIDENT GOOLEY MELBOURNE, 2 MARCH 2017

Application for relief from unfair dismissal.

[1] On 24 October 2014, I issued a decision 1 staying the application made by Mr Justin Windle as the creditors of The Pavilion 8 Group Pty Ltd T/A Alfie & Hetty 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 The Pavilion 8 Group Pty Ltd (ACN: 156 554 684) had been deregistered on 4 June 2016.

[3] Correspondence was sent to Mr Windle on 5 January 2017 advising that unless he discontinued the matter within fourteen days, I would issue a decision dismissing the application.

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

DEPUTY PRESIDENT

 1   [2014] FWC 7585

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

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