Marlon Martin v Mideco Dust Control P/L

[2018] FWC 1479

[2018] FWC 1479

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Marlon Martin
v
Mideco Dust Control P/L
(U2015/4614)

DEPUTY PRESIDENT CLANCY MELBOURNE, 14 MARCH 2018

Application for an unfair dismissal remedy – voluntary liquidation – application dismissed.

[1] On 1 August 2017, I issued a decision 1 in relation to the application by Mr Marlon Martin for remedy from unfair dismissal.

[2] The decision stayed Mr Martin’s application on the basis that Mideco Dust Control P/L (Mideco) was in liquidation and pursuant to s.500(2) of the Corporations Act 2001, Mr Martin’s application was not able to proceed except with leave of the Court. 2

[3] On 21 February 2018, an ASIC insolvency search was conducted and disclosed that Mideco was deregistered on 9 February 2018.

[4] On 2 March 2018, the Fair Work Commission (Commission) wrote to Mr Martin and advised him of Mideco’s deregistration. The Commission further advised that no proceedings can continue against a deregistered company. On that basis, Mr Martin was given an opportunity to file a Notice of Discontinuance. He was advised that if he did not do so by 9 March 2018, 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 Martin’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 Martin’s application. An order giving effect to this decision will be issued today.

DEPUTY PRESIDENT

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 1   [2017] FWC 4006.

 2 Ibid at [3].

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