Shane Tyler v Kangaroo Scaffolding (Aus) Pty Ltd

[2017] FWC 6027

[2017] FWC 6027

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Shane Tyler
v
Kangaroo Scaffolding (AUS) Pty Ltd
(U2015/2134)

COMMISSIONER WILSON DARWIN, 16 NOVEMBER 2017

Application for relief from unfair dismissal - Respondent deregistered - no reasonable prospects of success - application dismissed.

[1] On 31 August 2016, Commissioner Wilson issued a decision 1 in relation to Shane Tyler’s application for remedy from unfair dismissal.

[2] The decision stayed Mr Tyler’s application on the basis that Kangaroo Scaffolding (AUS) Pty Ltd was in liquidation and pursuant to s.500(2) of the Corporations Act 2001, Mr Tyler’s application was not able to proceed except with leave of the Court. 2

[3] An ASIC insolvency search was conducted on 3 November 2017 and disclosed that Kangaroo Scaffolding (AUS) Pty Ltd was deregistered on 15 January 2017.

[4] On 3 November 2017, the Fair Work Commission (the Commission) wrote to Mr Tyler and advised him of Kangaroo Scaffolding (AUS) Pty Ltd’s deregistration. The Commission further advised that no proceeding can continue against a company which is deregistered. Mr Tyler was given an opportunity to file a notice of discontinuance. He did not respond to the correspondence or file a notice of discontinuance.

[5] Taking into account the circumstances of this matter, I am satisfied that Mr Tyler’s application has no reasonable prospects of success. Therefore, the application is dismissed pursuant to s.587(1)(c) of the Fair Work Act 2009.

COMMISSIONER

 1   [2016] FWC 6204.

 2 Ibid at [15].

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