Mark Garwood v Damann Pty Ltd

[2020] FWC 4555

[2020] FWC 4555

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Mark Garwood
v
Damann Pty Ltd
(U2019/5336)

COMMISSIONER BISSETT MELBOURNE, 28 AUGUST 2020

Application for an unfair dismissal remedy - deregistration - application dismissed.

[1] On 27 August 2019 a decision 1 was issued in relation to the application by Mr Mark Garwood (Applicant) for remedy for unfair dismissal.

[2] The Applicant had named Damann Pty Ltd as the respondent entity in his Form F2 – Unfair Dismissal Application (Form F2). On 2 July 2019 the Commission telephoned the Respondent’s named contact person. The contact person provided stated that to his knowledge the Respondent was in liquidation. On 12 July 2019 the Commission confirmed, via a search on ASIC company database that the Respondent company was in liquidation.

[3] The decision issued on 27 August 2019 stayed the Applicant’s application on the basis that the Company was in liquidation and pursuant to s.500(2) of the Corporations Act 2001, the application was not able to proceed except by leave of the Court. 2

[4] On 28 August 2020 the Commission performed a search on the ASIC company database which revealed that the Respondent entity had been deregistered on 3 May 2020.

[5] In the circumstances, I am satisfied that the Applicant’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 the application. An order 3 giving effect to this decision will be issued separately.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<PR722220>

 1   [2019] FWC 5961.

 2 Ibid at [36].

 3   PR722221.