Mr Karl Rodrigues v McCall Security Pty Ltd

[2017] FWC 752

[2017] FWC 752

FAIR WORK COMMISSION

DECISION

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

Mr Karl Rodrigues
v
McCall Security Pty Ltd
(U2013/12798)

DEPUTY PRESIDENT GOOLEY MELBOURNE, 3 FEBRUARY 2017

Application for relief from unfair dismissal.

[1] On 9 December 2013, I issued a decision 1 staying the application made by Mr Karl Rodrigues as the creditors of McCall Security Pty Ltd passed a resolution to voluntarily wind up the company and appoint liquidators.

[2] On 3 January 2017, the Fair Work Commission performed a search on the ASIC company database which revealed that McCall Security Pty Ltd (ACN: 105 195 140) had been deregistered on 16 November 2016.

[3] Correspondence was sent to Mr Rodrigues and their representative on 5 January 2017 advising that unless Mr Rodrigues discontinued the matter within fourteen days, I would issue a decision dismissing the application.

[4] Mr Rodrigues did not respond to the correspondence or file a notice of discontinuance.

[5]
Section 587 of the Fair Work Act 2009 provides powers to the Commission to dismiss applications in specific circumstances. Having regard to the facts of this matter, I am satisfied that Mr Rodrigues’s application has no reasonable prospects of success 2 and it should therefore be dismissed.

DEPUTY PRESIDENT

 1   [2013] FWC 9654

 2 s587(1)(c) of the Fair Work Act 2009.

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