Mr Jason Norrish v Process Resource Group Pty Ltd

[2014] FWC 6407

[2014] FWC 6407

FAIR WORK COMMISSION

DECISION

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

Mr Jason Norrish
v
Process Resource Group Pty Ltd
(U2014/6270)

COMMISSIONER CLOGHAN PERTH, 12 SEPTEMBER 2014

Unfair dismissal.

[1] On 7 April 2014, Mr Jason Norrish (Mr Norrish 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] Conciliation in respect to the application did not proceed due to the non attendance of the Employer. The application was referred to me for arbitration.

[4] On 12 June 2014, the Commission was advised by WA Insolvency Solutions Pty Ltd that it had been appointed as Liquidator for the Employer on 4 June 2014.

[5] On 16 June 2014, the Commission was advised by WA Insolvency Solutions Pty Ltd (Liquidator) that it had no authority to make any settlement on behalf of the Employer.

[6] The Liquidator referred the Commission to the provisions of the Corporations Act 2001 (Corporations Act).

[7] On 3 July 2014, I wrote to the Applicant with respect to the provisions of the Corporations Act, and in particular, subsection 500(2).

[8] I advised the Applicant that should I not receive a response from the Applicant by 4:00 pm on 4 September 2014, I would deem that Mr Norrish had elected not to pursue his application.

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

COMMISSIONER

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