Olivia Christian v Giuseppe Arnaldo and Sons T/A Cucina Casalinga Italiana Pty Ltd

[2017] FWC 708

[2017] FWCA 707

The attached document wholly replaces the document previously issued with the above code on 2 February 2017.

The header of the original document contained the incorrect MNC. This has been corrected.

Matthew Jordon

Acting Associate to Deputy President Gooley

Dated: 2 February 2017

[2017] FWC 708

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Olivia Christian
v
Giuseppe Arnaldo and Sons T/A Cucina Casalinga Italiana Pty Ltd
(U2013/2771)

DEPUTY PRESIDENT GOOLEY MELBOURNE, 2 FEBRUARY 2017

Application for relief from unfair dismissal.

[1] On 5 December 2013, I issued a decision 1 staying the application made by Ms Olivia Christian as the creditors of Giuseppe Arnaldo and Sons trading as Cucina Casalinga Italiana 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 Cucina Casalinga Italiana Pty Ltd (ACN: 112 113 345) had been deregistered on 23 October 2015.

[3] Correspondence was sent to Ms Christian and her representative on 4 January advising that unless she discontinued the matter within fourteen days, I would issue a decision dismissing the application.

[4] Ms Christian 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 Christian’s application has no reasonable prospects of success 2 and it should therefore be dismissed.

DEPUTY PRESIDENT

 1   [2013] FWC 9487

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

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