Lester Lee v Powerark Solar Pty Ltd (PKF Melbourne)

[2023] FWC 181

[2023] FWC 181

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.394—Unfair dismissal

Lester Lee
v

Powerark Solar Pty Ltd (PKF Melbourne)

(U2021/8527)

COMMISSIONER BISSETT MELBOURNE, 20 JANUARY 2023

Application for an unfair dismissal remedy

1. On 22 September 2021 Mr Lester Lee (the Applicant) made an application for remedy for unfair dismissal under s.394 of the Fair Work Act 2009 (the FW Act) alleging he was unfairly dismissed by Powerark Solar Pty Ltd (PKF Melbourne) (the Respondent).

1. On 11 October 2021 the Commission was made aware that the Respondent had entered external administration. On 13 October 2021 Mr Lee was sent correspondence advising him that his matter cannot proceed without leave of a Court.

1. On 6 January 2023 the Commission sent correspondence to Mr Lee’s nominated email address advising him that his matter is at risk of being dismissed as it is apparent he does not intend to seek the leave of the Court. Mr Lee was asked to reply by 12.00 pm 13 January 2023.

1. The Commission has not received any correspondence from Mr Lee.

1. Section 587 of the FW Act provides as follows:

587 Dismissing applications

(1) Without limiting when the FWC may dismiss an application, the FWC may dismiss an application if:

(a) the application is not made in accordance with this Act; or

(b) the application is frivolous or vexatious; or

(c) the application has no reasonable prospects of success.

1. In the circumstances where leave of the Court is required to proceed, and that leave has not been sought by Mr Lee, I am satisfied that Mr Lee’s application has no reasonable prospects of success.

2. As such, I order that the application be dismissed pursuant to s.587(1)(c) of the FW Act.

COMMISSIONER

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