Paramdeep Singh v OM Mahalaxmii Pty Ltd

[2023] FWC 155

[2023] FWC 155

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.394—Unfair dismissal

Paramdeep Singh
v

OM Mahalaxmii Pty Ltd.

(U2019/9185)

COMMISSIONER BISSETT MELBOURNE, 19 JANUARY 2023

Application for an unfair dismissal remedy

1. On 17 August 2019 Mr Paramdeep Singh (the Applicant) made an application for remedy for unfair dismissal under s.394 of the Fair Work Act 2009 (the FW Act) alleging he was unfairly dismissed by OM Mahalaxmii Pty Ltd. (the Respondent).

1. On 16 October 2019 the Commission was made aware that the Respondent had entered external administration. On 7 August 2020 a Decision[1] was issued staying the matter until leave of a Court was granted.

1. On 6 January 2023 the Commission sent correspondence to Mr Singh’s nominated email address advising him that his matter is at risk of being dismissed as it is apparent he does not intend to seek the leave of the Court. Mr Singh was asked to reply by 12.00 pm 13 January 2023.

1. The Commission has not received any correspondence from Mr Singh.

1. 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.

1. In the circumstances where leave of the Court is required to proceed, and that leave has not been sought by Mr Singh, I am satisfied that Mr Singh’s application has no reasonable prospects of success.

1. As such, I order that the application be dismissed pursuant to s.587(1)(c) of the FW Act.

COMMISSIONER

[1] [2020] FWC 3902

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