Sandra Donner v Heritage Restaurant Pty Limited

[2016] FWC 2137

[2016] FWC 2137

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Sandra Donner
v
Heritage Restaurant Pty Limited
(U2013/9000)

DEPUTY PRESIDENT GOOLEY MELBOURNE, 5 APRIL 2016

Application for relief from unfair dismissal.

[1] On 26 August 2013, I issued a decision 1 staying the application made by Ms Sandra Donner as the creditors of Heritage Restaurant Pty Limited, known as Heritage Bar and Restaurant Pty Limited, passed a resolution to voluntarily wind up the company and appoint liquidators.

[2] On 18 March 2016, the Commission performed a search on the ASIC company database which revealed that the company formally known as Heritage Bar and Restaurant Pty Limited (ACN: 154 914 888) had deregistered on 27 March 2015.

[3] Correspondence was sent to Ms Donner on 18 March 2016 advising that unless she filed a notice of discontinuance, I will issue a decision dismissing the application.

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

DEPUTY PRESIDENT

 1   [2013] FWC 5877.

 2 S.587(1)(c) of the Act.

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