Mr Anandarajah Sivaram v Altech Computers Corporation Pty Ltd T/A Altech Computers

[2022] FWC 427

[2022] FWC 427

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.394 - Application for unfair dismissal remedy

Mr Anandarajah Sivaram
v

Altech Computers Corporation Pty Ltd T/A Altech Computers

(U2016/3735)

COMMISSIONER WILSON MELBOURNE, 28 FEBRUARY 2022

Application for relief from unfair dismissal

1. On 31 August 2016, I issued a decision[1] in relation to the application by Mr Anandarajah Sivaram seeking remedy for an alleged unfair dismissal.

1. Mr Sivaram had named Altech Computers Corporation Pty Ltd as the respondent entity in his Form F2 – Unfair Dismissal Application (Form F2).  On 29 February 2016, the Commission received correspondence from PPB Advisory advising that Altech Computers was in voluntary liquidation.

1. Mr Sivaram’s Form F2 was filed on 7 January 2016 and the passing of the resolution for winding up occurred on 19 January 2016.

1. Pursuant to s.500(2) of the Corporations Act 2001, “no action or other civil proceeding is to be proceeded with or commenced against the company except by leave of the Court”. My decision stayed Mr Sivaram’s application on the basis that the Company was in liquidation and the Commission, which is not a Court, could not grant leave under s 500(2).

1. On 11 February 2022 the Fair Work Commission (Commission) performed a search on the ASIC company database which revealed that “Altech Computers Corporation Pty Ltd” had been deregistered on 4 October 2018.

1. On 16 February 2022, the Commission wrote to Mr Sivaram advising him that Altech Computers had been deregistered and that no proceedings can continue against a deregistered company. Mr Sivaram was given an opportunity to file a Form F50 Notice of Discontinuance. Mr Sivaram was also advised that if he did not do so by 25 February 2022, his application would be dismissed because it had no reasonable prospects of success. No response was received by this date.

1. Given that the Respondent, Altech Computers, has since been deregistered, I am satisfied that Mr Sivaram’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 Sivaram’s application seeking remedy for an alleged unfair dismissal. An order[2] giving effect to this decision will be issued separately.

COMMISSIONER

[1] [2016] FWC 6192

[2] 738824

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