Mr Noel Gilbert v McCall Security Pty Ltd T/A McCall Security
[2017] FWC 746
•3 FEBRUARY 2017
| [2017] FWC 746 |
| FAIR WORK COMMISSION |
DECISION |
Fair Work Act 2009
s.394 - Application for unfair dismissal remedy
Mr Noel Gilbert
v
McCall Security Pty Ltd T/A McCall Security
(U2013/2797)
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 Noel Gilbert 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 Gilbert and their representative on 5 January 2017 advising that unless Mr Gilbert discontinued the matter within fourteen days, I would issue a decision dismissing the application.
[4] Mr Gilbert 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 Gilbert’s application has no reasonable prospects of success 2 and it should therefore be dismissed.
DEPUTY PRESIDENT
1 [2013] FWC 9516
2 s587(1)(c) of the Fair Work Act 2009.
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