Katerina Prestigiacomo v Pharmaforce Pty Ltd T/A Pharmaforce/Retail Focus

[2016] FWC 3367

[2016] FWC 3367

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Katerina Prestigiacomo
v
Pharmaforce Pty Ltd T/A Pharmaforce/Retail Focus
(U2013/17120)

COMMISSIONER WILSON MELBOURNE, 27 MAY 2016

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

[1] On 25 March 2014, Deputy President Gooley issued a decision 1 in relation to Ms Prestigiacomo’s application for remedy from unfair dismissal.

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

[3] An ASIC insolvency search was conducted on 16 May 2016 and disclosed that Pharmaforce Pty Ltd was deregistered on 10 February 2016.

[4] On 17 May 2016, the Fair Work Commission (the Commission) wrote to Ms Prestigiacomo and advised her of the deregistration of Pharmaforce Pty Ltd. The Commission further advised that no proceeding can continue against a company which is deregistered. Ms Prestigiacomo was given an opportunity to file a notice of discontinuance. She 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 Ms Prestigiacomo’s application has no reasonable prospects of success. Therefore, the application is dismissed pursuant to s.587(1)(c) of the Fair Work Act 2009.

COMMISSIONER

 1   [2014] FWC 1704.

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