Matt Johnston v Sable Labour Hire Pty Ltd
[2023] FWC 2765
•23 OCTOBER 2023
| [2023] FWC 2765 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.394—Unfair dismissal
Matt Johnston
v
Sable Labour Hire Pty Ltd
(U2023/2421)
| COMMISSIONER BISSETT | MELBOURNE, 23 OCTOBER 2023 |
Application for an unfair dismissal remedy
On 22 March 2023 Mr Matt Johnston (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 Sable Labour Hire Pty Ltd (the Respondent).
On 17 April 2023 the Commission was made aware that the Respondent had entered external administration. On 24 April 2023 Mr Johnston was sent correspondence advising him that his matter cannot proceed without leave of a Court.
On 12 October 2023 the Commission sent correspondence to Mr Johnston’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 Johnston was asked to reply by 4.00 pm 19 October 2023.
The Commission has not received any correspondence from Mr Johnston.
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.
In the circumstances where leave of the Court is required to proceed, and that leave has not been sought by Mr Johnston and no correspondence has been received in relation to Mr Johnston seeking leave of the Court, I am satisfied that Mr Johnston’s application has no reasonable prospects of success.
The application is therefore dismissed.
COMMISSIONER
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