Priscilla Choundary v John Morrey

[2018] FWC 2701

[2018] FWC 2701

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Priscilla Choundary
v
John Morrey
(U2014/12177)

DEPUTY PRESIDENT CLANCY MELBOURNE, 15 MAY 2018

Application for relief from unfair dismissal.

[1] On 23 October 2014, Deputy President Gooley issued a decision 1 in relation to the application by Ms Priscilla Choundary for remedy from unfair dismissal.

[2] The decision stayed Ms Choundary’s application on the basis that Kalma Pty. Ltd. (which had the business name ‘John Morrey’) was in liquidation and pursuant to s.500(2) of the Corporations Act 2001 (Cth), Ms Choundary’s application was not able to proceed except with leave of the Court.

[3] An ASIC insolvency search was conducted on 30 April 2018 and disclosed that Kalma Pty. Ltd. was deregistered on 15 October 2017.

[4] On 1 May 2018, the Fair Work Commission wrote to Ms Choundary via email and post and advised her of the deregistration. The Commission further advised that no proceeding can continue against a deregistered company. On that basis, Ms Choundary was given an opportunity to file a Notice of Discontinuance. Ms Choundary was advised that if she did not do so by 11 May 2018, her application would be dismissed because it had no reasonable prospects of success. Ms Choundary did not respond to the correspondence or file a Notice of Discontinuance.

[5] In the circumstances, I am satisfied that Ms Choundary’s application has no reasonable prospects of success. Therefore, I will exercise my power under s.587(1)(c) of the Fair Work Act 2009 (Cth) to dismiss Ms Choundary’s application. An order giving effect to this decision will be issued today.

DEPUTY PRESIDENT

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 1   [2014] FWC 7497.