Shazia Matyana v Lolitta Clothing Pty Ltd T/A Lolitta Clothing

[2016] FWC 493

[2016] FWC 493

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Shazia Matyana
v
Lolitta Clothing Pty Ltd T/A Lolitta Clothing
(U2012/11828)

DEPUTY PRESIDENT GOOLEY MELBOURNE, 27 JANUARY 2016

Application for unfair dismissal remedy.

[1] On 27 July 2012, Ms Shazia Matyana filed an application for unfair dismissal remedy.

[2] On 17 October 2012, the Fair Work Commission was advised by Lolitta Clothing Pty Ltd that it had gone into administration and that all correspondence should be addressed to SV Partners.

[3] On 9 November 2012, correspondence was sent to the parties, including SV Partners, seeking further information about the type of external administration the company was under.

[4] On 15 November 2012, SV Partners advised that two of its staff had been appointed Joint and Several Administrators pursuant to a resolution of the company’s director. SV Partners further advised that at a meeting of creditors on 24 October 2012, creditors resolved to place the company into Liquidation.

[5] On 3 June 2014, a telephone message was left for Ms Matyana’s representative to follow up the status of the matter.

[6] On 13 January 2016, correspondence was sent to Ms Matyana advising that a recent company check through the Australian Securities and Investments Commission confirmed that Lolitta Clothing Pty Ltd was deregistered on 28 July 2015. The correspondence advised that as no proceeding can continue against a deregistered company, Ms Matyana may wish to file a notice of discontinuance.

[7] Ms Matyana did not respond to the correspondence or file a notice of discontinuance.

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

DEPUTY PRESIDENT

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