Karl Kraeft v SN King Pty Ltd T/A SN King Pty Ltd

[2019] FWC 5047

[2019] FWC 5047

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Karl Kraeft
v
SN King Pty Ltd T/A SN King Pty Ltd
(U2014/5885)

DEPUTY PRESIDENT CLANCY MELBOURNE, 19 JULY 2019

Application for relief from unfair dismissal.

[1] On 3 June 2014, Deputy President Gooley issued a decision 1 in relation to the application by Mr Karl Kraeft for remedy from unfair dismissal.

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

[3] On 1 July 2019, an ASIC insolvency search was conducted and disclosed that SN King was deregistered on 13 December 2018.

[4] On 2 July 2019, the Fair Work Commission (the Commission) wrote to Mr Kraeft and advised him of SN King’s deregistration. The Commission further advised that no proceedings can continue against a deregistered company. On that basis, Mr Kraeft was given an opportunity to file a Notice of Discontinuance. He was advised that if he did not do so by 16 July 2019, his application would be dismissed because it had no reasonable prospects of success. He did not respond to the correspondence or file a Notice of Discontinuance.

[5] In the circumstances, I am satisfied that Mr Kraeft’s application has no reasonable prospects of success. Therefore, I will exercise my power under s.587(1)(c) of the Fair Work Act 2009 to dismiss Mr Kraeft’s application. An order giving effect to this decision will be issued today.

DEPUTY PRESIDENT

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 1   [2014] FWC 3671.

 2 Ibid at [11].