Mary Jane Young Pak Kian v Adatanet Australia Pty Ltd T/A the Mussel Bar Restaurant

[2017] FWC 6620

[2017] FWC 6620

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Mary Jane Young Pak Kian
v
Adatanet Australia Pty Ltd T/A The Mussel Bar Restaurant
(U2015/16711)

DEPUTY PRESIDENT GOOLEY MELBOURNE, 11 DECEMBER 2017

Application for relief from unfair dismissal.

[1] On 25 May 2016, I issued a decision 1 staying the application made by Ms Young Pak Kian as the creditors of Adatanet Australia Pty Ltd T/A The Mussel Bar Restaurant passed a resolution to voluntarily wind up the company and appoint liquidators.

[2] On 15 November 2017, the Fair Work Commission performed a search on the ASIC company database which revealed that Adatanet Australia Pty Ltd T/A The Mussel Bar Restaurant (ACN: 140 536 509) had been deregistered on 27 October 2017.

[3] Correspondence was sent to Ms Young Pak Kian on 15 November 2017 advising that unless she discontinued the matter within fourteen days, I would issue a decision dismissing the application.

[4] Ms Young Pak Kian did not respond to the correspondence or file a notice of discontinuance.

[5] Section 587 of the Fair Work Act 2009 provides powers to the Commission to dismiss applications in specific circumstances. Having regard to the facts of this matter, I am satisfied that Ms Young Pak Kian’s application has no reasonable prospects of success 2 and it should therefore be dismissed.

DEPUTY PRESIDENT

 1   [2016] FWC 3298

 2 s587(1)(c) of the Fair Work Act 2009.

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