Ms Despina Nassialis v Judy & David Barmakov T/A Casual Guy Pty Ltd
[2017] FWC 766
•3 FEBRUARY 2017
| [2017] FWC 766 |
| FAIR WORK COMMISSION |
DECISION |
Fair Work Act 2009
s.394 - Application for unfair dismissal remedy
Ms Despina Nassialis
v
Judy & David Barmakov T/A Casual Guy Pty Ltd
(U2012/14755)
DEPUTY PRESIDENT GOOLEY | MELBOURNE, 3 FEBRUARY 2017 |
Application for relief from unfair dismissal.
[1] On 14 April 2014, I issued a decision 1 staying the application made by Ms Despina Nassialis as the creditors of Judy & David Barmakov trading as Casual Guy 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 Casual Guy Pty Ltd (ACN:007 050 204) had been deregistered on 14 July 2016.
[3] Correspondence was sent to Ms Nassialis and their representative on 5 January 2017 advising that unless Ms Nassialis discontinued the matter within fourteen days, I would issue a decision dismissing the application.
[4] Ms Nassialis 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 Ms Nassialis’s application has no reasonable prospects of success 2 and it should therefore be dismissed.
DEPUTY PRESIDENT
1 [2014] FWC 2458
2 s587(1)(c) of the Fair Work Act 2009.
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