Robert Bailey v Boney Pty Ltd T/A See Lion Cafe
[2017] FWC 706
•2 FEBRUARY 2017
| [2017] FWC 706 |
| FAIR WORK COMMISSION |
DECISION |
Fair Work Act 2009
s.394—Unfair dismissal
Robert Bailey
v
Boney Pty Ltd T/A See Lion Cafe
(U2014/7725)
DEPUTY PRESIDENT GOOLEY | MELBOURNE, 2 FEBRUARY 2017 |
Application for relief from unfair dismissal.
[1] On 21 October 2014, I issued a decision 1 staying the application made by Mr Robert Bailey as the creditors of Boney Pty Ltd trading as Sea Lion Cafe 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 Boney Pty Ltd (ACN: 142 206 219) had been deregistered on 18 December 2016.
[3] Correspondence was sent to Mr Bailey and his representative on 4 January 2017 advising that unless he discontinued the matter within fourteen days, I would issue a decision dismissing the application.
[4] Mr Bailey 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 Mr Bailey’s application has no reasonable prospects of success 2 and it should therefore be dismissed.
DEPUTY PRESIDENT
1 [2014] FWC 7240
2 s587(1)(c) of the Fair Work Act 2009.
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