Shirak Baroudjian v PJ Manufacturing Pty Ltd T/A Prestige Joinery

[2018] FWC 5994

[2018] FWC 5994

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Shirak Baroudjian
v
PJ Manufacturing Pty Ltd T/A Prestige Joinery
(U2018/4133)

DEPUTY PRESIDENT DEAN SYDNEY, 26 SEPTEMBER 2018

Application for relief from unfair dismissal – voluntary liquidation – no reasonable prospects of success - application dismissed.

[1] On 25 May 2018, I issued a decision staying the application made by Mr Shirak Baroudjian on the basis that the respondent, PJ Manufacturing Pty Ltd T/A Prestige Joinery (Prestige Joinery), was in liquidation and that pursuant to s.500(2) of the Corporations Act 2001,his application was not able to proceed except with leave of the Court.

[2] The Commission has not to date received advice from Mr Baroudjian that he had obtained leave from the Court to continue these proceedings. The Commission has also in the ensuing period conducted several ASIC searches which indicate that Prestige Joinery remains in liquidation.

[3] In the circumstances, the Commission sent correspondence to Mr Baroudjian on 10 September 2018 advising that absent any advice from him within 7 days that leave from the Court had been sought, I intended to dismiss the application.

[4] Mr Baroudjian did not respond to the correspondence.

[5] Having regard to the circumstances of this matter, I am satisfied that Mr Baroudjian’s application has no reasonable prospects of success and have decided to dismiss the application pursuant to s.587 of the Fair Work Act 2009.

[6] An order dismissing the application will be issued separately with this decision.

DEPUTY PRESIDENT

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