Phillip Robinson v Solomon Mineral & Metal Pty Ltd

[2018] FWC 5991

[2018] FWC 5991

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Phillip Robinson
v
Solomon Mineral & Metal Pty Ltd
(U2016/5298)

DEPUTY PRESIDENT DEAN SYDNEY, 25 SEPTEMBER 2018

Application for relief from unfair dismissal – voluntary liquidation – no reasonable prospect of success - application dismissed.

[1] On 30 August 2016, I issued a decision staying the application made by Mr Phillip Robinson on the basis that the respondent, Solomon Mineral & Metal Pty Ltd (Solomon), was in liquidation and that pursuant to s.500(2) of the Corporations Act 2001,Mr Robinson’s application was not able to proceed except with leave of the Court.

[2] The Commission has not to date received advice from Mr Robinson that he had obtained leave from the Court to continue these proceedings. The Commission has also in the ensuing period conducted several ASIC searches which indicate that Solomon remains in liquidation.

[3] In the circumstances, the Commission sent correspondence to Mr Robinson on 10 September 2018 advising that absent any advice from him within 7 days that leave from the Court had been sought, I intended to dismiss the application.

[4] Mr Robinson did not respond to the correspondence.

[5] Having regard to the circumstances of this matter, I am satisfied that Mr Robinson’s application has no reasonable prospects of success and have decided to dismiss the application pursuant to s.587 of the Fair Work Act 2009.

[6] An order dismissing the application will be issued separately with this decision.

DEPUTY PRESIDENT

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