Miss Sophie Gill v Lolitta Clothing Pty Ltd T/A Lolitta

[2016] FWC 504

[2016] FWC 504

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Miss Sophie Gill
v
Lolitta Clothing Pty Ltd T/A Lolitta
(U2012/9507)

DEPUTY PRESIDENT GOOLEY MELBOURNE, 27 JANUARY 2016

Application for unfair dismissal remedy.

[1] On 23 August 2012, Miss Sophie Gill filed an application for unfair dismissal remedy.

[2] On 4 October 2012, the Fair Work Commission was advised by Lolitta Clothing Pty Ltd that it had gone into administration and that correspondence should be addressed to SV Partners.

[3] On 15 November 2012, SV Partners advised that two of its staff had been appointed Joint and Several Administrators pursuant to a resolution of the company’s director. SV Partners further advised that at a meeting of creditors on 24 October 2012, creditors resolved to place the company into Liquidation.

[4] On 13 January 2016, correspondence was sent to Miss Gill advising that a recent company check through the Australian Securities and Investments Commission confirmed that Lolitta Clothing Pty Ltd was deregistered on 28 July 2015. The correspondence advised that as no proceeding can continue against a deregistered company, Miss Gill may wish to file a notice of discontinuance.

[5] Miss Gill did not respond to the correspondence or file a notice of discontinuance.

[6] Taking into account the circumstances of this matter, I am satisfied that Miss Gill’s application has no reasonable prospects of success. Therefore, the application is dismissed pursuant to section 587(1)(c) of the Fair Work Act 2009.

DEPUTY PRESIDENT

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