Mr Semi Tadulala v Creative Consulting Pty Ltd

[2023] FWC 2353

[2023] FWC 2353

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.394 - Application for unfair dismissal remedy

Mr Semi Tadulala
v

Creative Consulting Pty Ltd

(U2023/4872)

DEPUTY PRESIDENT DOBSON BRISBANE, 13 SEPTEMBER 2023

Application for relief from unfair dismissal - Respondent deregistered - no reasonable prospects of success - application dismissed.

1. On 2 June 2023, Mr Tadulala (the Applicant) lodged an application for remedy from unfair dismissal against Creative Consulting Pty Ltd (the Respondent).

1. An ASIC insolvency search was conducted on 8 September 2023 and disclosed that Creative Consulting Pty Ltd was deregistered on 16 July 2023.

1. On 8 September 2023, the Fair Work Commission (the Commission) wrote to Mr Tadulala and advised him of Creative Consulting Pty Ltd’s deregistration. The Commission further advised that no proceeding can continue against a company which is deregistered. Mr Tadulala was given an opportunity to file a notice of discontinuance. He did not respond to the correspondence or file a notice of discontinuance.

1. Taking into account the circumstances of this matter, I am satisfied that Mr Tadulala‘s application has no reasonable prospects of success. Therefore, the application is dismissed pursuant to s.587(1)(c) of the Fair Work Act 2009.

DEPUTY PRESIDENT

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