Mr Brian Wilson v Process Resource Group Pty Ltd

[2014] FWC 4453

[2014] FWC 4453

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.394 - Application for unfair dismissal remedy

Mr Brian Wilson
v
Process Resource Group Pty Ltd
(U2014/4311)

COMMISSIONER CLOGHAN PERTH, 3 JULY 2014

Unfair dismissal.

[1] On 4 February 2014, Mr Brian Wilson (Mr Wilson or Applicant) made application to the Fair Work Commission (Commission) seeking a remedy for alleged unfair dismissal from his former employer, Process Resource Group Pty Ltd (Employer).

[2] The application was made pursuant to s.394 of the Fair Work Act 2009 (FW Act).

[3] The application was not resolved at conciliation and was referred to me for arbitration on 7 May 2014.

[4] On 13 May 2014, I issued Directions for an arbitration hearing.

[5] The Applicant has not complied with Directions [1] and [2] due respectively on 4 and 18 June 2014 or provided the Commission with an explanation as to why he was unable to comply with the Directions.

[6] On 12 June 2014, the Commission was advised by WA Insolvency Solutions Pty Ltd that it had been appointed as Liquidators for the Employer.

[7] On 16 June 2014, WA Insolvency Solutions Pty Ltd advised the Commission that it has no authority to make any settlement on behalf of the Employer.

[8] Subsection 500(2) of the Corporations Act 2001 has applicability to this application.

[9] For the above reasons, the application will be dismissed pursuant to s.587(3)(a) of the FW Act. An order to this effect is issued jointly with this Decision.

COMMISSIONER

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