Natalie Ryan v Tempo Holidays Pty Ltd
[2023] FWC 156
•19 JANUARY 2023
| [2023] FWC 156 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.394—Unfair dismissal
Natalie Ryan
v
Tempo Holidays Pty Ltd
(U2019/10818)
| COMMISSIONER BISSETT | MELBOURNE, 19 JANUARY 2023 |
Application for an unfair dismissal remedy
On 24 September 2019 Ms Natalie Ryan (the Applicant) made an application for remedy for unfair dismissal under s.394 of the Fair Work Act 2009 (the FW Act) alleging she was unfairly dismissed by Tempo Holidays Pty Ltd (the Respondent).
On 22 October 2019 the Commission was made aware that the Respondent had entered external administration. On 14 January 2020 a Decision[1] was issued staying the matter until leave of a Court was granted.
On 6 January 2023 the Commission sent correspondence to Ms Ryan’s nominated email address advising her that her matter is at risk of being dismissed as it is apparent she does not intend to seek the leave of the Court. Ms Ryan was asked to reply by 12.00 pm 13 January 2023.
The Commission has not received any correspondence from Ms Ryan.
Section 587 of the FW Act provides as follows:
587 Dismissing applications
(1) Without limiting when the FWC may dismiss an application, the FWC may dismiss an application if:
(a) the application is not made in accordance with this Act; or
(b) the application is frivolous or vexatious; or
(c) the application has no reasonable prospects of success.
In the circumstances where leave of the Court is required to proceed, and that leave has not been sought by Ms Ryan, I am satisfied that Ms Ryan’s application has no reasonable prospects of success.
As such, I order that the application be dismissed pursuant to s.587(1)(c) of the FW Act.
COMMISSIONER
[1] [2020] FWC 132
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