Kim McCotter v Omega Plumbing Pty Ltd T/A Omega Services (now ACN 003 332 312 Pty Ltd) (In Liquidation)

[2022] FWC 262

[2022] FWC 262

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.394—Unfair dismissal

Kim McCotter
v

Omega Plumbing Pty Ltd T/A Omega Services (now ACN 003 332 312 Pty Ltd) (In Liquidation)

(U2021/7276)

COMMISSIONER MCKENNA SYDNEY, 10 FEBRUARY 2022

Application for an unfair dismissal remedy

1. On 16 August 2021, Kim McCotter (“the applicant”) lodged an application pursuant to s.394 of the Fair Work Act 2009 (“the Act”) in which he sought an unfair dismissal remedy concerning the termination of his employment by an entity identified in the initiating process as Omega Plumbing Pty Ltd T/A Omega Services, but which, I understand, was later to be known as “ACN 003 332 312 Pty Ltd (Formerly known as Omega Plumbing Pty Ltd) (In Liquidation)”. David Ingram of Hall Chadwick was appointed as a liquidator of the company on 6 September 2021 and provided to the Commission a copy of the notification of appointment.

1. Despite written advice I caused to be sent to the applicant on three occasions, the applicant has failed to either discontinue the application or, alternatively, provide confirmation that he had sought/obtained leave of a relevant Court to proceed with the application. More specifically, the applicant simply failed to respond to the most recent correspondence sent to him on 4 February 2022 reiterating earlier advice in such respects.

1. Absent leave of a relevant Court, the application has no reasonable prospects of success. As such, I have decided to dismiss the application pursuant to s.587 of the Act. An order dismissing the application will issue separately.

COMMISSIONER

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